Professional Malpractice Actions of Doctors in Criminal Law Perspective
DOI:
https://doi.org/10.30659/rlj.4.1.573-587Keywords:
Keywords, Criminal, Medical, Malpractice, Patient, Protection.Abstract
Abstract. This study discusses malpractice committed by the medical profession from the perspective of criminal law in Indonesia. Medical malpractice is a violation of professional standards that can result in harm or death to patients. This study explores various forms of medical malpractice, including negligence, ethical violations, and other violations of the law, and how criminal law regulates and addresses these actions. The analysis in this study shows that criminal law has an important role in providing protection to patients and ensuring fair law enforcement for doctors. Malpractice cases often involve legal complexities that require in-depth interpretation of the criminal responsibility of doctors. In this context, this study also highlights the importance of a preventive approach in medical practice to reduce malpractice incidents. In conclusion, although criminal law is quite comprehensive in handling malpractice cases, there are still challenges in its implementation, especially related to proving the elements of negligence and malicious intent. This study provides recommendations for improving regulations and increasing awareness of legal responsibility among medical personnel.Keywords: Criminal; Medical; Malpractice; Patient; Protection.
References
Al-Qur'an Al-Karim. (tt). Al-Qur'an and its Translation. Jakarta: Ministry of Religion of the Republic of Indonesia.
Arifin, Zainal. (2018). Criminal Law in Medical Practice. Jakarta: PT. Rajagrafindo Persada.
Hasanah, U. (2020). Criminal Liability of Doctors in Malpractice Cases. Indonesian Health Law Journal, 6(2), 175-190. DOI: 10.1234/jhki.v6i2.1234
Internet
Journals
Law Number 29 of 2004 concerning Medical Practice. Law Number 36 of 2009 concerning Health.
Law Number 8 of 1999 concerning Consumer Protection. Criminal Code (KUHP).
Marzuki, Peter Mahmud. (2017). Introduction to Legal Science. Jakarta: Kencana Prenada Media Group.
Ministry of Health of the Republic of Indonesia. (2023). Guidelines for Medical and Health Services in Indonesia. Retrieved from https://www.kemkes.go.idon September 14, 2024.
Rahman, A. (2019). Criminal Law Analysis of Medical Malpractice. Journal of Legal Studies, 4(1), 45-58.
Regulation of the Indonesian Medical Council Number 4 of 2011 concerning Obligations for Registration and Medical Practice.
Soerjono, Soekanto, & Sri Mamudji. (2004). Normative Legal Research: A Brief Review. Jakarta: Raja Grafindo Persada.
Sudarto. (1990). Law and Criminal Law. Bandung: Alumni.
Syafi'i, M. (2022). Criminal Law Aspects in Medical Malpractice Cases. Retrieved fromhttps://www.hukumonline.com on September 14, 2024.
Wahyudi, M. (2017). Legal Accountability in Medical Malpractice Cases. Journal of Law and Health, 9(3), 112-125.
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