Research Article
Juridical Analysis of Interpretation of Medical Negligence on the Legal Protection of Doctor
@INPROCEEDINGS{10.4108/eai.6-3-2021.2306196, author={Dian Andriani Ratna Dewi and Megawati Barthos}, title={Juridical Analysis of Interpretation of Medical Negligence on the Legal Protection of Doctor}, proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia}, publisher={EAI}, proceedings_a={ICLSSEE}, year={2021}, month={5}, keywords={medical negligence; legal protection}, doi={10.4108/eai.6-3-2021.2306196} }- Dian Andriani Ratna Dewi
Megawati Barthos
Year: 2021
Juridical Analysis of Interpretation of Medical Negligence on the Legal Protection of Doctor
ICLSSEE
EAI
DOI: 10.4108/eai.6-3-2021.2306196
Abstract
Legal interpretations differences in medical negligence are still often encountered in the process of resolving cases of a medical action committed by a doctor on suspicion of medical negligence. This difference is the difference in determining the existence of negligent elements according to medicine and the Criminal Code. The application of the elements of negligence in ordinary criminal acts (KUHP) which is the focus is the result (gevolg), while in medical assessment what is important is not the result, but the cause/causes. If there is no element of fault/negligence, then doctors cannot be blamed and prosecuted legally. Here the importance of legal protection for doctors is because a doctor has ethical obligations and professional obligations. The legal provisions for the protection of doctors are contained in Law Number 29 of 2004 concerning Medical Practice and Law Number 36 of 2009 concerning Health. Also, the role of MKDKI is very important in providing opinions and decisions in determining whether there is medical negligence. This study aims to determine the juridical interpretation of medical negligence on the legal protection of doctors. This research is normative legal research. The approach used in this research is a statutory approach and a conceptual approach.
