Ketentuan Pidana Malpraktik Medik yang Dilakukan oleh Dokter (Studi Kasus Nomor: 79/PID.SUS/2011/PN.KD.MN JO 1110K/PID.SUS/2012 JO 210PK/PID.SUS/2014)

Abstract

Medical malpractice is one of the legal problems and is qualified as an act against the law that can be prosecuted for criminal liability. This research is intended to analyse the qualifications of medical malpractice carried out by health workers, the purpose of conviction in the crime of health malpractice and the application of the law to the criminal responsibility of medical malpractice against a doctor in Decision Number: 79/Pid.Sus/2011/PN.Kd.Mn jo 1110K/Pid.Sus/2012 jo 210PK/Pid.Sus/2014. This research uses normative juridical research methods that are descriptive analytical using primary, secondary and tertiary legal materials collected with literature study techniques and analysed with qualitative data analysis methods. The practice of the medical profession without SIP or STR and causing suffering for patients can be qualified as a criminal act of medical malpractice. In decision number 79/Pid.Sus/2011/PN.Kd.Mn jo 1110K/Pid. Sus/2012 jo 210PK/Pid.Sus/2014 the panel of judges stated that the act committed by the defendant was proven to be against the law, but the act was not a criminal act but the act was not a criminal act (onslag). In this case the judge has not fully applied criminal sanctions against the Defendant. Law enforcement officers are expected to increase knowledge in order to enforce laws that are in accordance with the laws, as well as regulations of Legislation rules can include the boundaries of medical professional standards and a clearer explanation of medical malpractice into the laws and regulations.