CD Skripsi

Gagasan Pemidanaan Terhadap Pekerjaan Tukang Gigi Dalam Tindak Pidana Malpraktik Di Indonesia Ditinjau Dari Teori Pemidanaan

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ABSTRACT
In Indonesia, the number of dental artisans who are members of various
associations such as the Independent Dental Artisans Association (ASTAGIRI),
Indonesian Dental Artisans Association (ITGI), Indonesian Dental Artisans Union
(PTGI), Indonesian Dental Artisans Group (HITGI), Indonesian Dental Artisans
Forum (FTGI), and Dental Artisans Forum (FPG) is approximately 75,000
individuals. The existence of dental artisans has been widely known by the
Indonesian population, especially before the establishment of the Dentistry
profession in Indonesia. Since January 2013, the recorded number of dental
artisans has been around 75,000. Therefore, the ongoing presence of dental
artisans indicates that there is still a demand for dental artisans in our society.
This research can be classified as normative legal research, which
examines the legislation related to the legal theories that are the focus of the
study. The approach used is qualitative analysis, collecting data from books,
journals, and other scholarly works relevant to this research. Primary and
secondary legal sources are utilized as data sources.
The conclusion drawn from the research is as follows. Firstly, the
urgency of criminalizing dental artisans in cases of dental malpractice in
Indonesia is based on past cases experienced by victims of dental artisans, as well
as illegal dental practices that exceed their authority. Currently, such actions are
only subject to administrative sanctions, such as warnings and license revocation.
However, the urgency lies in determining whether dental artisans who hold
practice permits and still make mistakes or engage in malpractice should be
subject to criminal punishment. The ambiguity of the current provision
necessitates further study, criminal law reform, and more specific regulations to
enable the criminalization of dental artisans. Secondly, the idea of criminalizing
dental artisans in cases of dental malpractice in Indonesia was initially regulated
under Article 78 of the Medical Practice Act. However, the Constitutional Court
declared the criminalization of dental artisans unconstitutional. The wording of
Article 78 should be read as follows: "Any person who intentionally uses tools,
methods, or other means to provide services to the public, giving the impression
that they are a registered doctor or dentist, except for dental artisans who have
obtained practice permits from the Government as referred to in Article 73
paragraph (2), shall be liable to imprisonment for a maximum of 5 years or a fine
of up to IDR 150 million."
Keywords: Dental Artisans, Criminalization, Urgency, Idea, Criminal Offense.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1609114359

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2023

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1609114359

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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