MEDICAL PRACTICE MAL IN HEALTH LEGAL FRAMEWORK
Main Article Content
Beni Satria
The legal research method is a scientific activity based on certain methods, systematics, and thoughts, which aims to study one or several certain legal phenomena by analyzing them, except that, an in-depth examination of the legal facts is also held to then seek a solution. on the problems that arise in the symptoms in question. For this reason, research is carried out which includes methods. This research is a descriptive analysis which aims to describe in detail, systematically and thoroughly related to the problem. In this study, the data collection technique used is a library study. The literature study is carried out through secondary data sources, namely data that includes official documents, books,Malpractice in Article 11 paragraph (1) letter b in Law Number 6 of 1963 concerning Health Workers, which has been declared abolished by Law Number 23 of 1992 concerning Health. Based on the provisions of Article 11 paragraph (1) letter b of Law Number 6 of 1963, it can be used as a reference regarding malpractice, in the fields of administration, civil law, and criminal law. In medical malpractice which becomes an act against the law because of its nature, the will is often directed at the form of the act and not at the result. Culpa is usually only focused on the result. The adverse effects on the patient are not desired. In medical malpractice the form of action must be inconsistent with medical professional standards and standard operating procedures or at least contrary to normal general practice in the medical world.
Anny Isfandyarie, Legal Responsibilities and Sanctions for Doctors Book I, Jakarta: Pustakarya Achievements, 2006.
Dikdik M. Arief Mansur, Elisatris Gultom. 2007. Urgency of Protection of Victims of Crime Between Norms and Reality, Jakarta: PT Raja Grafindo Persada.
Geovani, I., Nurkhotijah, S., Kurniawan, H., Milanie, F., & Ilham, R. N. (2021). Juridical Analysis Of Victims Of The Economic Exploitation Of Children Under The Age To Realize Legal Protection From Human Rights Aspects: Research Study At The Office Of Social And Community Empowerment In Batam City. International Journal of Educational Review, Law And Social Sciences (IJERLAS), 1(1), 45-52.
See Usep Ranawijaya, Basic Constitutional Law, Jakarta, Ghalia.
Peter Mahmud Marzuki, Introduction to Legal Studies, Jakarta: PT. Main Son Charisma.
Sajipto Rahardjo, Legal Studies, Bandung: PT. Image of Aditya Bakti, 2005.
Agustinus Haryono, Secretary General of Icopi (Institute of Compliance Professional Indonesia), Medical Malpractice, https://icopi.or.id.
Amalia Tufani, Juridical Review of Medical Malpractice in the Indonesian Legal System, library.uns.ac.id
Amri Amir, Anthology of Health Law, Jakarta, Widya Medika, 1997.
Bahder Johan Nasution. State of Law and Human Rights, Bandung, Mandar Maju. 2018.
Bahder Johan Nasution. Legal Research Methods, Bandung: Mandar Maju, 2018.
Benny LH Hutahaea. Responsibilities of Doctors Who Perform Malpractice Actions, https://repositori.usu.ac.id.
Guwandi J, Patient Physician and Law, Jakarta, Faculty of Medicine, University of Indonesia, 1996.
Khaddafi, M. ., Nur Ilham, R., Fuadi, F., Marzuki, M., & Juanda, R. . (2021). Development Of Communities Of Traders And Private Households In Realizing Independent Welfare Through The Movement Of Love To Saving Share (Germas) In Gampong Blang Pulo As A Example Of Gampong Investment. Irpitage Journal, 1(1), 29–34. https://doi.org/10.54443/irpitage.v1i1.60
Muh Endriyo Susila, Medical Malpractice and Legal Liability, Law And Justice Vol.6, No.1.
Muhammad Mulyohadi Ali, et al, Implementation of Good Medical Practice in Indonesia, Indonesian Medical Council Publisher, Jakarta 2006.
Mutia Sezia Nur Aini, The Effects of Malpractice Law on Doctors Reviewed from Civil Law, Private Law Journal Vol. VIII No. 2 July-December 2020.
Nurul Qamar and Amiruddin. State of Law or State of Power (Rechstaat or Machstaat), Makassar: CV. Social Politic Genius.
Wili Nearama Ramoon, Hanafi Arief & Faris Ali Sidqi, Malpractice in the Perspective of Indonesian Criminal Law and Civil Law, uniska-bjm.ac.id.
