DPR Beri Waktu Dua Hari bagi Kemenkes Usut Kasus Debora

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FAJAR.CO.ID – Kasus meninggalnya bayi berumur empat bulan, Tiara Debora Simanjorang, di RS Mitra Keluarga Kalideres, Jakarta Barat, menjadi sorotan nasional.

Komisi IX DPR mendesak Kementerian Kesehatan mengambil tindakan tegas terhadap RS tersebut yang diduga sengaja lalai dalam mematuhi ketentuan UU 36/2009 tentang Kesehatan terkait kasus meninggalnya Debora.

Komisi IX DPR juga mendesak agar dugaan pelanggaran tersebut dapat diselesaikan dalam waktu 2 x 24 jam. Jika tidak diselesaikan, dewan mengancam tidak akan membahas anggaran Kementerian Kesehatan tahun anggaran 2018.

“Rapatnya kemarin agak ramai. Rapat yang semestinya membahas anggaran Kemenkes 2018, justru banyak mendiskusikan musibah yang menimpa bayi Tiara Deborah,” ujar Wakil Ketua Komisi IX DPR, Saleh P Daulay, dalam keterangan tertulisnya kepada redaksi, Selasa (12/9/2017).

Komisi IX DPR menilai bahwa RS Mitra Keluarga Kalideres telah dengan sengaja melanggar ketentuan Pasal 32 ayat 1 dan 2 UU 36/2009 tentang Kesehatan.

Secara lengkap, ketentuan pasal tersebut berbunyi: (1) Dalam keadaan darurat, fasilitas pelayanan kesehatan, baik pemerintah maupun swasta, wajib memberikan pelayanan kesehatan bagi penyelamatan nyawa pasien dan pencegahan kecacatan terlebih dahulu. (2) Dalam keadaan darurat, fasilitas pelayanan kesehatan, baik pemerintah maupun swasta dilarang menolak pasien dan/atau meminta uang muka.

Selain itu, lanjut Saleh, pihak RS Mitra Keluarga Kalideres juga dinilai lalai menjalankan amanat Pasal 29 ayat (1) huruf f UU 44/2009 tentang Rumah Sakit.

Dalam ketentuan pasal tersebut disebutkan bahwa RS berkewajiban melaksanakan fungsi sosial antara lain dengan memberikan fasilitas pelayanan pasien tidak mampu/miskin, pelayanan gawat darurat tanpa uang muka, ambulan gratis, pelayanan korban bencana dan kejadian luar biasa, atau bakti sosial bagi misi kemanusiaan.

“Komisi IX DPR menilai bahwa pelanggaran tersebut tidak dapat ditolerir,” ungkap Saleh, politisi PAN itu.

Apalagi dalam UU Kesehatan bahkan ada aturan pidana yang termaktub secara eksplisit. Pasal 190, misalnya, mengamanatkan bahwa: (1) Pimpinan fasilitas pelayanan kesehatan dan/atau tenaga kesehatan yang melakukan praktik atau pekerjaan pada fasilitas pelayanan kesehatan yang dengan sengaja tidak memberikan pertolongan pertama terhadap pasien yang dalam keadaan gawat darurat sebagaimana dimaksud dalam Pasal 32 ayat (2) atau Pasal 85 ayat (2) dipidana dengan pidana penjara paling lama 2 (dua) tahun dan denda paling banyak Rp 200.000.000,00 (dua ratus juta rupiah).

(2) Dalam hal perbuatan sebagaimana dimaksud pada ayat (1) mengakibatkan terjadinya kecacatan atau kematian, pimpinan fasilitas pelayanan kesehatan dan/atau tenaga kesehatan tersebut dipidana dengan

pidana penjara paling lama 10 (sepuluh) tahun dan denda paling banyak Rp 1.000.000.000,00 (satu miliar rupiah).

Jelas Saleh, aturan perundangan seperti ini semestinya dapat ditaati. Aturan ini dimaksudkan agar RS dan fasilitas kesehatan masyarakat tetap teguh pada jalur pelayanan kemanusiaan. Adapun kesan bahwa RS dan fasilitas kesehatan hanya mengejar keuntungan finansial harus betul-betul dijauhkan.

Namun demikian, tambah dia, Komisi IX DPR tetap memberikan kesempatan kepada Kementerian Kesehatan untuk menyelesaikan investigasi yang dilakukan oleh tim yang terdiri dari Kemenkes, BPJS Kesehatan dan Badan Pengawas Rumah Sakit (BPRS).

“Dengan begitu, sanksi apapun yang akan diberikan tetap objektif dan didasarkan pada fakta yang sebenarnya. Harapannya, kejadian serupa tidak terjadi lagi di masa yang akan datang,” tukas Saleh, legislator dari dapil Sumut II. (rus/rmol/fajar)

 

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