Research Article
Criminal Liability of Patient's Family Who Refused Medical Action in the Case of Covid-19
@INPROCEEDINGS{10.4108/eai.6-3-2021.2306281, author={Sri Inggriani and Faisal Santiago}, title={Criminal Liability of Patient's Family Who Refused Medical Action in the Case of Covid-19}, 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={criminal liability; doctor’s action; covid-19}, doi={10.4108/eai.6-3-2021.2306281} }- Sri Inggriani
Faisal Santiago
Year: 2021
Criminal Liability of Patient's Family Who Refused Medical Action in the Case of Covid-19
ICLSSEE
EAI
DOI: 10.4108/eai.6-3-2021.2306281
Abstract
When a patient's condition is in an emergency and is exposed to a disease that requires special treatment such as isolation, prompt and precise medical action is needed. However, the patient's family should be the representative of the patient to obtain consent, but the patient's family refused the medical treatment so that informed consent was not implemented in the therapeutic agreement. The problem in this research is what is the criminal liability for the families of patients who refuse medical action in the case of Covid-19? The research method used is normative juridical using secondary data and analyzed using qualitative methods. The results of the study show that the criminal responsibility for the family of patients who refuse medical action in the Covid-19 case is imprisonment and fines. These sanctions are not regulated in Law Number 29 of 2004 concerning Medical Practice but are strictly regulated in Article 14 of Law Number 4 of 1984 concerning Infectious Disease Outbreaks and Article 93 of Law Number 6 of 2018 concerning Health Quarantine. Although the act of refusal to take a medical action by a parent or family against a member of his family is not necessarily a crime, however, criminal law enforcement can be carried out against this act of refusal and this needs to be proven again through a legal process in court.
