Analysis of Judge's Decision in Case of Sexual Harassment by Doctor Against Patient

Abstract

This study aims to determine and analyze the basis for judges' considerations in making decisions in cases of sexual harassment by doctors against patients in decision Number 114/Pid.Sus/2021/PN.Idi, weaknesses of judges' decisions in cases of sexual harassment by doctors against patients in decision Number 114/Pid.Sus/2021/PN Idi, and analyze judges' decisions in cases of sexual harassment by doctors against patients in the future. This study uses a normative legal approach method. The research specifications are descriptive analytical, the type of data used is secondary data. The data analysis method used is qualitative. The theories used in this study are the theory of punishment, the theory of the legal system and the theory of legal certainty. Based on the results of the study, it can be concluded that the basis for the judge's consideration in handing down the verdict on the case of sexual harassment by a doctor against a patient in verdict Number 114/Pid.Sus/2021/PN.Idi was correct, namely that the charges were fulfilled and connected with the available evidence so that there was no unlawful element, because the action was carried out for the benefit of examining the patient. The weaknesses of the judge's decision in the case of the criminal act of sexual harassment by a doctor against a patient in verdict Number 114/Pid.Sus/2021/PN Idi were that the Medical Ethics Honorary Council (MKEK) hearing was not held, there was no coordination between law enforcement officers and investigators, the absence of expert witnesses forensic doctors, and the absence of complaints from the victim to the MKDKI regarding the doctor's harassment of the victim. The judge's decision in the criminal act of sexual harassment by a doctor against a patient in the future is expected to provide justice and protection for victims with legal certainty.