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Ilfani Helwina Rosaria
Praktek Dokter Mandiri Kabupaten Malang
Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Magister Hukum Perspektif

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PERTANGGUNGJAWABAN PERDATA MALAPRAKTIK MEDIK Ilfani Helwina Rosaria; Agus Pramono
Jurnal Magister Hukum Perspektif Vol. 12 No. 2 (2021)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v12i2.18

Abstract

This paper aims to discuss civil liability for medical malpractice. The patient's alleged insanity is often considered the negligence of the doctor in carrying out medical actions. The paradigm is getting stronger with increasing reports of medical malpractice every year. Doctors in performing medical treatment of patients are based on a bond or relationship in the agreement. The bond or relationship in the agreement is called inspannings verbentenis or maximal effort engagement. The existence of this shows that the main obligation of a doctor is to do a hard effort that must be done and needed to support the patient. This can be based on the standards of the medical profession and its operational standart as stipulated in article 50 juncto 51 of Law No. 29 of 2004 concerning the Practice of Medicine. The methods used in this study are juridical-normative with a statutory approach. The result obtained is civil liability in a medical malpractice arises if there is wrong treatment from the doctor in relation to providing medical service performance and the patient suffers losses for the doctor's actions. Legal liability in the civil domain is generally realized in the form of compensation or compensation by doctors or hospitals with due regard to the principles of liability. The right of patients in demanding compensation is regulated in Article 58 of Law No. 36 of 2009 on Health and Article 32 of Law No. 44 of 2009 concerning Hospitals. Keywords: Liability, Civil, Medical Malpractice
POLITIK HUKUM PEMBATASAN TEMPAT PRAKTIK DOKTER Ilfani Helwina Rosaria
Jurnal Magister Hukum Perspektif Vol. 10 No. 1 (2019)
Publisher : Magister Ilmu Hukum, Universitas Wisnuwardhana Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37303/.v10i1.22

Abstract

This article aims to discuss about the legal arrangements against of based on legal policy in Indonesia. With restrictions on the place of practice creates legal uncertainly. Forms of constitutional loss experienced by doctors are reduced or limited space for the medical profession. Meanwhile, on the other hand, the restrictions on the place of practice make public access to obtain and choose adequate and quality health services no longer possible to actualize properly, considering that safe, quality and affordable health services are also the right of all Indonesian people. Type of this research is normative juridical research, with the approach of related laws and regulations, the collection of legal materials is carried out by literature study, namely collecting legal materials with a systematic method. The obtained data were then collected and analized in depth, then submitted descriptive qualitatively. The results showed that the restrictions of doctor’s practice license in three places as regulated in Article 37 paragraph (2) of the Medical Practice Law is based on various considerations and wich is not contradicting with the 1945 Constitution of the Republic of Indonesia. In addition, it can provide legal protection for doctors as health provider as well and the patients as health receiver. Keywords: Legal Policy, Restrictions, Doctor’s practice
Co-Authors Agus Pramono