CD Skripsi
Analisis Yuridis Pertanggungjawaban Pidana Malapraktik Kedokteran Yang Dilakukan Oleh Dokterdalam Penanganan Pasien Covid-19dalam Hukum Pidana Indonesia Dikaitkan Dengan Keadilan
ABSTRACT
Malpractice is an act or bad practice, in other words, is a negligence
(bad practice) on the part of professionals in carrying out their profession.
Thus medical malpractice is an act of a doctor who is considered wrong when
practicing medicine and violating legal norms. Criminal liability is imposing
a penalty on the maker for an act that violates a prohibition or creates a
prohibited situation. The formulation of the problem in this study is how
medical malpractice is regulated by doctors in handling Covid-19 patients in
Indonesian criminal law and how is criminal responsibility for doctors who
commit medical malpractice in handling Covid-19 patients in Indonesian
criminal law related to justice.
The method in this study uses normative legal research methods. This
research is also referred to as library research or document study. It is
referred to as research or document study because this research is mostly
carried out on secondary data in the library.
From the results of this study, the first result was that, in Indonesian
criminal law, there are no laws and regulations that specifically and in detail
discuss medical malpractice, especially medical malpractice when a health
emergency (pandemic) occurs, such as during Covid-19. Indonesian criminal
law still uses existing laws and regulations such as the Criminal Code, Law
No. 29 of 2004 concerning Medical Practice, Law No. 36 of 2009 concerning
Health, Law No. 44 of 2009 concerning Hospitals, and Law No. 36 of 2014
concerning Health Workers, Therefore, it is time for the government to carry
out reforms in Indonesian criminal law, such as making or updating laws and
regulations regarding criminal acts or medical malpractice actions when a
health emergency or pandemic occurs such as Covid-19, by making
formulations of criminal acts, criminal liability and sentencing precise and
consistent. Second, based on the 7 cases that have been described and based
on the elements of criminal responsibility, as well as being linked to justice
regarding medical malpractice in the handling of Covid-19 patients, they
should be held criminally responsible based on articles 359, 360 and 361 of
the Criminal Code, article 79 letter C of the Law. No. 29 of 2004 concerning
Medical Practice, Article 126 paragraph (1) and Article 190 paragraph (1
and 2) of Law No. 36 of 2009 concerning Health, and Article 84 paragraph (1
and 2) of Law No. 36 of 2014 concerning Health Workers. Based on the
explanation of the 7 cases, in the absence of criminal responsibility, it can be
concluded that the main objective of the law is not achieved because there is
no justice in the law that is created.
Keywords: Covid-19, Doctors, Malpractice, Criminal liability.
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