Proceedings of International Conference of Social Science, ICOSS 2018, Denpasar, Indonesia

Research Article

Medical Actions Resulting in Malpractice in the Perspective of Indonesian Criminal Law

Download912 downloads
  • @INPROCEEDINGS{10.4108/eai.21-9-2018.2281133,
        author={Ni Wayan Ika Siwi Sasanthi},
        title={Medical Actions Resulting in Malpractice in the Perspective of Indonesian Criminal Law},
        proceedings={Proceedings of International Conference of Social Science, ICOSS 2018, Denpasar, Indonesia},
        publisher={EAI},
        proceedings_a={ICOSS},
        year={2019},
        month={1},
        keywords={criminal law malpractice medical action},
        doi={10.4108/eai.21-9-2018.2281133}
    }
    
  • Ni Wayan Ika Siwi Sasanthi
    Year: 2019
    Medical Actions Resulting in Malpractice in the Perspective of Indonesian Criminal Law
    ICOSS
    EAI
    DOI: 10.4108/eai.21-9-2018.2281133
Ni Wayan Ika Siwi Sasanthi1,*
  • 1: Universitas Mataram
*Contact email: siwisasanthi89@gmail.com

Abstract

Basically in a medical case, there are two very fundamental problems: First, the one that comes from the patient or family of patients who do not understand about medical actions or procedures that sometimes pose medical risks; Second, the one that arises from doctors who are less communicative and do not provide a clear explanation of the disease or doctor's actions which then adversely affects the patient. This study examines malpractice in medical actions that are threatened and prohibited under criminal law as well as explores the forms of criminal liabilities for its execution. I applied the normative legal research method while utilizing the statute approach and conceptual approach. The results of data analysis show that malpractice occurs in various forms. Every type of malpractice has legal sanctions that cannot be prevented. There is a need of law amendment