ANALYSIS OF THE INDONESIAN CRIMINAL CODE ARTICLE NO. 359 IMPLEMENTATION ON MEDICAL MALPARTICE CASE (Case Study on the Supreme Court Verdict No.: 365-K/Pid./2012)

Mohammad Abdul Hakam

Abstract


This study aims to examine and analyse the implemetation of Article 359 of Criminal Code on medical malpractice case which was happened in the State Court of Manado jurisdiction. The study is starting at the present of implementation gap of law by the judge assembly of Indonesian Supreme Court based on considerations about “medical negligence of the accused that cause the death of the pastient”. 

This study is a library research that used juridical normative approach which analyse the verdict of Supreme Court Judges based on enacting statute.The study using the secondary data i.e Supreme Court Verdict No. 365.K/Pid/2012 and related statutes. Data analysis and interpretation was performed using the comparative analysis technique. 

The result shows: (a) The supreme court conducted an unappropriate manner in receiving the cassation appeal from the prosecutor for the verdict “ free of charge” from the state court of Manado; (b) The verdict of judges assmbly of the supreme court which sentenced “guilty” to the accused on violating the article 359 Criminal code is irrelevant, because there is no basis for stating that administrative negligence of the accused have any causative correlation with the death of the victim; (c) The verdict of judges assembly to sentence with 10 month stay in prison was imprroper because there is a justifier reason to make the accused free of Criminal charge. 

Keywords: malpractice, medical, negligence, Criminal 


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