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VOL. 8, ISSUE 1 (2022)
Reconstruction of medical malpractice policy in the Indonesian legal system based on justice value
Authors
Muchammad Abdul Hakam, Gunarto, Anis Mashdurohatun
Abstract
Malpractice is one of the crimes that often occur in Indonesia, whether committed by hospitals or doctors. The settlement of medical disputes between doctors and patients has been regulated in Article 50 of Law no. 29 of 2004 concerning Medical Practice, which has not accommodated the need for protection for doctors because in the practice of handling cases of suspected malpractice by investigators, of course, will use procedures according to the Criminal Procedure Code as a reference. This is because Law no. 29 of 2004 concerning Medical Practice does not regulate the procedure if there is an allegation that a doctor has violated the articles in the law. This study consists of 3 (three) problem formulations including the reasons for the formulation of medical malpractice policies in the Indonesian legal system that is not based on the value of justice, the weaknesses of malpractice policy formulations in the Indonesian legal system, and the reconstruction of medical malpractice policy formulations in the values-based Indonesian legal system. Justice. This study uses a constructivism paradigm with approach sociological juridical to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field as well as qualitative descriptive methods and data processing using analytical descriptive. Based on the findings of this dissertation research, several facts and inputs were found, namely, in practice, the handling of suspected malpractice cases by police investigators will of course use the procedures or procedures in the Criminal Procedure Code as a reference, this is because the Medical Practice Act does not regulate how the procedure is carried out if there are allegations of doctors violating articles in the Medical Practice Act. Weaknesses in incompleteness and lack of clarity regarding the formulation of malpractice and its strict sanctions, as well as deflection towards unlawful acts. so it is necessary to reconstruct the law in Law no. 29 of 2004 concerning Medical Practice, namely the definition of malpractice contained in Article 1 paragraph (1) and paragraph (2) and Article 50 regarding the procedure for resolving cases of suspected malpractice and Article 66 regarding the requirements for reporting suspected malpractice.
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Pages:144-150
How to cite this article:
Muchammad Abdul Hakam, Gunarto, Anis Mashdurohatun "Reconstruction of medical malpractice policy in the Indonesian legal system based on justice value ". International Journal of Law, Vol 8, Issue 1, 2022, Pages 144-150
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