The Juridical Analysis of Setting of Clinical Pharmacy Services in Hospitals

Abstract

This research is based on statutory regulation relating to clinical pharmacy services in hospitals after
the issuance of Minister of Health Regulation Number 3 of 2020 concerning Hospital Classification and
Licensing (PMK 3 of 2020) which reaps various interpretations, especially clinical pharmacy services in
hospitals. The methodology in this study used a normative juridical type and used four approaches, namely
the statute approach, historical approach, comparative approach, and conceptual approach. Then a document
study was carried out through tracing the sources of legal materials such as the Constitution, the Health Law,
the Hospital Law, the Health Manpower Law and the statutory regulations relating to the rules for classifying
pharmaceutical services in hospitals as well as studying reading sources related to the object of research.
This research showed that there is actually a contradiction in norms between the Hospital Law, the Health
Law, the Health Manpower Law and the Minister of Health Regulation Number 72 of 2016 concerning the
Standard of Pharmaceutical Services in Hospitals which is the implementer of the Hospital Law and PMK
3 of 2020 concerning Hospital Classification and Licensing, where the lower statutory regulations may not
conflict with the statutory regulations under it or known as the lex superior derogate legi inferiori principle.