Legal Protection for Police Doctors in Assignments Under Police Operational Control (BKO) Based on Law Number 17 of 2023 Concerning Health (Case Study of Papua Cartenz Peace Operation)
Abstract
Abstract. Police Medicine as a suporting function deploys police doctor personnel in BKO activities to carry out their duties always attached to other police personnel in the field to provide technical assistance in organizing health for police members, as the main and foremost spearhead starting from establishing health post facilities, and preparing medicines and basic medical equipment in maintaining health, preventing disease, improving health, treating disease and restoring the health of police members during assignments both in disaster operation areas and conflict areas. In carrying out their duties, police doctors also provide health services to local communities, both those who are not affected by disasters and conflicts, so that they have a good level of health. The reasons for the elimination of punishment so as to free doctors from lawsuits, namely: Treatment risk, Medical accident, Contribution negligence, Respectable minority rules & error of (in) judgment, Volenti non fit iniura or assumption of risk, and Res Ipsa Loquitur. The Indonesian Medical Disciplinary Honorary Council (MKDKI) has the authority to examine and make decisions on complaints related to the discipline of doctors and dentists. MKDKI can determine whether or not there are errors made by doctors and dentists in the aplication of medical and dental disciplines. This institution is an autonomous institution of the Indonesian Medical Council which is independent in carrying out its duties. Research sourced from the SOEPRA journal entitled "Legal Protection of Medical Personnel Against Efforts to Resolve Medical Disputes Reviewed from Criminal Law" by Ade Armada Sutedja, A. Joko Purwoko and Edi Sumarwanto concluded that medical crimes have been regulated in the Criminal Code, Law No. 29 of 2004 concerning Medical Practice, Law No. 36 of 2009 on Health and Law No. 44 of 2009 on Hospitals. Legal protection of medical personnel has been regulated in the Criminal Code, Law No. 29 of 2004 concerning Medical Practice, Law No. 36 of 2009 on Health and Law 36 of 2014 concerning Health Personnel and Law No. 44 of 2009 concerning Hospitals.
Keywords
Full Text:
PDFReferences
Journals:
Ade Armada Sutedja; A. Joko Purwoko; Edi Sumarwanto, 2023, Legal Protection of Medical Personnel Against Efforts to Resolve Medical Disputes Reviewed from Criminal Law, Sopra Health Law Journal, Volume 9 Number 1,
Michel Daniel Mangkey, Legal Protection for Doctors in Providing Medical Services, Lex et Societatis Vol II no. 8 of 2014,
Yudra F. Fikri & Hidayat, A, 2018, The Relationship Between Religiosity and Work Stress in Brimob Members of the Riau Police. Nafs: Journal of the Faculty of Psychology,
Books:
Indonesian National Police Education and Training Institute, 2022, Police Medicine, Jakarta-Indonesian National Police Education and Training Institute,
John Rawls, 1973, A Theory of Justice, London: Oxford University press,
Lili Rasjidi and IB Wysa Putra, 1993, Law as a System, Remaja Rusdakarya, Bandung,
Rony Hanitijo Soemitro, 1990, Legal Research Methodology and Jurimetry, Ghalia Indonesia, Jakarta. The primary data in this research was obtained through in-depth interviews, not through observation, because it is not possible to find primary data through observation.
Setyo Trisnadi, Legal Protection of the Doctor's Profession in the Settlement of Medical Disputes, Journal of Legal Issues, Vol. 42 No. 2 2016, Faculty of Law, Diponegoro University, accessed from https://ejournal.undip.ac.id/index.php/mmh/article/view/13684/10435
Testbook, John Rawls' Theory of Justice: Principles of Justice, Criticisms, and Importance!, accessed via https://testbook.com/ias-preparation/john-rawls-theory-of-justice on April 20, 2025.
Internet:
http://tesishukum.com/pengertian-perlindungan-hukum-menurut-para-ahli/, accessed on April 20, 2024
https://bpbatam.go.id/tentang-batam/sejarah-batam/, op, cit.
Regulation:
Regulation of the Minister of Health of the Republic of Indonesia Number 2052/Menkes/Per/X/2011 Concerning Practice Permits and Implementation of Medical Practice
Interview:
Interview with IPDA Amsal Ardiyanto Tambunan as the Subsi Dukkes Sikesjas Pas Pelopor Korbrimob Polri Pamin, on May 12, 2025.
Interview with IPDA Hendro Saulata as the Police Doctor of the Indonesian Police Mobile Brigade Corps assigned to Operation DC 2023, on September 4, 2024.
Interview with IPDA Kustian Pramudita as Commander of Company 5, Battalion A PRC Regiment II Papua Pioneer Troops (Amole Task Force 2024), on May 12, 2025
DOI: http://dx.doi.org/10.30659/jhku.v20i2.46220
Refbacks
- There are currently no refbacks.
This work is licensed under a Creative Commons Attribution 4.0 International License.
Jurnal Hukum Khairu Ummah Indexed by :
 | Jurnal Hukum Khaira Ummah | |
| Faculty of Law, Unissula | Copyright of Jurnal Hukum Khaira Ummah | |
| Jalan Kaligawe Raya KM.4, Terboyo Kulon, Genuk, | ISSN ( 1907-3119 ) e-ISSN ( 2988-3334 ) | |
| Semarang, Central Java, Indonesia, 50112 |