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All Journal Jurnal Hukum Sasana Jurnal Cahaya Mandalika Journal of Law, Poliitic and Humanities Abdi Bhara: Jurnal Pengabdian Kepada Masyarakat Bhayangkara Law Review
Ika Dewi Sartika Saimima
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Humanities Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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THE INDONESIAN MEDICAL DISCIPLINE HONOUR COUNCIL (MKDKI) AS THE DEVELOPMENT OF A MEDICAL DISPUTE RESOLUTION MODEL IN THE PERSPECTIVE OF DEMOCRATIC LAW Nur Husein Amrah; Hotma P. Sibuea; Ika Dewi Sartika Saimima
Bhayangkara Law Review ##issue.vol## 1 ##issue.no## 1 (2024): June 2024
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/1fqb4j20

Abstract

Law Number 17 of 2023 concerning health has regulated the position of MKDKI in resolving medical disputes. The MKDKI's authority in the Health Law has been expanded to relate to violations of doctor's discipline, enforcing decisions regarding unlawful acts that can be subject to criminal sanctions, and enforcing accountability for actions/deeds that cause civil harm to patients. Based on this authority, MKDKI is similar to an institution that acts on the principles of fast, simple and low-cost justice. To study the MKDKI model, normative juridical research or doctrinal research is used. The study that will be discussed concerns the interpretation of the legal principles of law enforcement regarding alleged medical malpractice which contains violations of criminal law. The results of the research state that the MKDKI's authority, which is based on the process of resolving medical disputes using the principles of fast, simple and low cost, is less effective. Supreme Court Decision Number: 890K/Pid.Sus/2017 is an example of a legal solution that actually harms doctors. It is necessary to transform MKDKI into a strong institution, with a pattern of resolving medical disputes using fast, simple and low-cost principles. A medical dispute resolution model based on the principles of fast, simple and low cost will only emerge if a Medical Court is established. MKDKI as Medical Justice aims at enforcing acts that violate criminal law and enforcing responsibility for actions/deeds that cause civil harm. The MKDKI's independence, such as independent judicial power, to the MKDKI's objection filing system which adopts an appeals filing system within the judiciary, further emphasizes the need to transform the MKDKI as a judicial institution.
PERTANGGUNGJAWABAN HUKUM DOKTER ATAS TINDAKAN MEDIS YANG MENYEBABKAN HILANGNYA NYAWA PASIEN Andrew Kristianto Silalahi; Ika Dewi Sartika Saimima; Dwi Atmoko
Jurnal Cahaya Mandalika ISSN 2721-4796 (online) Vol. 4 No. 1 (2023)
Publisher : Institut Penelitian Dan Pengambangan Mandalika Indonesia (IP2MI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36312/jcm.v4i1.1946

Abstract

The profession of a doctor with its scientific tools has unique characteristics. This specificity can be seen from the justification given by law, namely from the permissibility of carrying out medical actions on the human body in an effort to maintain and improve health status. Medical actions against the human body such as surgery, transplantation, removal of certain parts of human organs carried out by doctors are not classified as criminal acts. Conversely, if the action is not carried out by a doctor, it will be classified as a crime. The medical profession is positioned as a noble profession (afficium mobile) similar to the advocate profession. This profession has a noble mission to help people who are experiencing difficulties. The purpose of this study was to analyze the legal responsibility of doctors for alleged medical malpractice for surgical procedures based on Law Number 29 of 2004 concerning Medical Practice and procedures for resolving reports of alleged medical malpractice from an internal view of the medical profession. The term malpractice in the health service sector has recently begun to be widely discussed by the public from various parties as a result of the many complaints of cases that are suspected of being malpractice according to the designations and terms in society against the medical profession which is considered to have harmed patients in doctors treating a patient. As for this research, it uses a normative juridical method supported by an approach to events or phenomena that occur in society. The promulgation and enforcement of legal norms on the limits of medical malpractice are best contained in the Law on Medical Practice, which is now in effect in Law Number 29. 2004 concerning the Implementation of Medical Practice and how accountability should be carried out in accordance with positive law in force in Indonesia.
Rejecting Alternative Dispute Resolution (ADR) in Sexual Violence Crime Cases Kusuma, Wisnu Wardana; Rika Sandria Putri; Afnan Rifai Sulistyo; Ika Dewi Sartika Saimima
Journal of Law, Politic and Humanities Vol. 3 No. 2 (2023): (JLPH) Journal of Law, Politic and Humanities (February 2023)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v3i2.178

Abstract

The crime of sexual violence in Indonesia is in an emergency phase. The massive number of reports of cases of sexual violence has created its own paranoia for the community, especially in terms of the process of handling cases of sexual violence in Indonesia. This study aims to analyze cases and phenomena of sexual violence in Indonesia and to carry out a normative approach as a study of handling cases of sexual violence. The research method used is normative legal research and the method of analyzing literature and case studies of sexual violence in Indonesia. The results of this study indicate that cases of sexual violence have evolved along with the times. The emergence of gender-based cyber sexual violence (KSBG), abortion cases, and efforts to handle cases using the Alternative Dispute Resolution (ADR) system are injustices to victims. Settlement of cases of sexual violence must be in accordance with Law Number 12 of 2022 concerning Crimes of Sexual Violence, namely the implementation of a legal judicial process.
Co-Authors Afnan Rifai Sulistyo Andrew Kristianto Silalahi Baby Ivonne Susan Kainde Dwi Atmoko Gatot Efrianto Hipolito B. Quillip Jr Hotma P. Sibuea I Dewa Gede Teguh Artawan I Wayan Arif Yudistira Johndex Emanuel S. Villarico Mestika Mentari Magenta Ni Kadek Dian Candra Purnama Noviansyah Nur Husein Amrah Putri Nadia Rika Sandria Putri Salsiah, Lia Suandewi, Ni Kadek Syahban Tres Priawati Villarico, Johndex Wisnu Wardana Kusuma Yurnal