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Durra Sadrina Hasan
Universitas Pembangunan Panca Budi
Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Medical Legal and Ethical Responsibility in Alleged Doctor-Patient Sexual Harassment: Decision No. 114/Pid.Sus/2021/PN Idi Durra Sadrina Hasan; Henry Aspan; Irsyam Risdawati
Social Sciences Journal Vol. 3 No. 2 (2026): August
Publisher : Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/sosj.v3i2.1846

Abstract

Allegations of sexual harassment arising during medical examinations create a difficult boundary between patient protection, criminal law, professional ethics, and the legal protection of doctors. This study examines medical legal and ethical responsibility in Decision No. 114/Pid.Sus/2021/PN Idi and evaluates the roles of the Indonesian Doctors Association (IDI), the Medical Ethics Honorary Council (MKEK), the Indonesian Medical Disciplinary Honorary Council (MKDKI), and the Professional Disciplinary Council (MDP). The study uses a qualitative juridical approach centered on the court decision and relevant health-law and professional-regulation materials. The analysis shows that the court protected professional medical discretion because the disputed examination was conducted for diagnostic purposes within professional authority, standard operating procedures, and the therapeutic relationship, so material unlawfulness and malicious intent were not established. At the same time, the absence of professional ethical or disciplinary assessment before criminal proceedings exposed a procedural weakness and a risk of premature criminalization. Law No. 17 of 2023 strengthens protection by requiring an MDP recommendation before criminal investigation. Effective coordination between professional institutions and law enforcement is therefore essential to balance patient rights, accountability, and legal certainty for doctors.
Co-Authors Henry Aspan Irsyam Risdawati