PERLINDUNGAN HUKUM PROFESI DOKTER DALAM PENYELESAIAN SENGKETA MEDIS
DOI:
https://doi.org/10.26532/jph.v4i1.1656Kata Kunci:
Legal protection, doctor, medical dispute settlementAbstrak
This study aims to explore the analysis of the application of legal protection and its weaknesses in the settlement of medical disputes between physicians and patients today. Descriptively analytical and empirical juridical approaches, and using constructivism paradigm,it is hoped that the authors can describe various primary and secondary data to reconstruct the legal protection of the physician profession in the settlement of medical dispute between physicians and patients based on the value of justice. In the resolution of medical disputes between physicians and patients as set forth in Article 50 of Law No. 29 of 2004 on Medical Practice and Article 57 Law No. 36 Years of Health Personnel has not fully provided protection for doctors, because in practice the handling of alleged malpractice cases by the police investigator will certainly use the procedures or procedures in the KUHAP as a reference, this is because the Law does not regulate how to be in the event of suspicion that doctors
violate articles In UUPK. The Government and House of Representatives are expected to make improvements to Law No. 29 of 2004 on Medical Practice, by making regulations on “procedural arrangements†ranging from inquiry, investigation, prosecution if necessary to verdict.
Referensi
Baru, Penerjemah : Tjetjep Rohendi Rohidi, Badan Pembinaan Hukum Nasional, Pengkajian Hukum Tentang Perlindungan Hukum Bagi Upaya Menjamin Kerukunan Umat Beragama, Kementerian Hukum Dan Hak Asasi Manusia, Jakarta, 2011UI Press, Jakarta, 2009
Black’s Law Dictionary, Bryan A. Garner Editor in Chief Ninth Edition, st. Paul. MN : West Pubushing. Co, 2009
Breen, J, K et.al, Good Medical Practice Professionalism, Ethics And Law, Cambridge University Press, New york, 2010
Hadjon P. M., Perlindungan Hukum Bagi Rakyat di Indonesia, Bina Ilmu, Surabaya, 1987 Hans Kelsen “Teori hukum murni-dasasr-dasar ilmu hukum normative†terjemahan The fure of teory : Barkely University of California press :1978 : Nusa Media, Bandung, 2010
Hasyim, Umar, Mencari Takdir, Penerbit Ramadhani, Solo, 1983
http://wordpress.com/2012/10/21/bisnis-dan-etika/, 21 Desember 2014.
https://seanochan.wordpress.com/2013/04/19/hadis-tentang-takdir/.
http://www.merdeka.com/peristiwa/5-kasus-malpraktek-dalam-dunia-kedokteran.html,
http://legal-dictionary.thefreedictionary.com/Strict+Liability
Jonsen, A, R, Siegler, M, Winslade, W, J, Clnical Ethics, A Practical Approach to Ethical Decision in Clinical Medicine, McGraw-Hill Medical Publishing Division, New York, 2006
Kitab Undang-Undang Hukum Pidana
Undang-Undang No. 29 Tahun 2004 tentang Praktik Kedokteran.
Unduhan
Diterbitkan
Terbitan
Bagian
Lisensi
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).

