Yuridika
Vol. 32 No. 1 (2017): Volume 32 No 1 January 2017

PUTUSAN MAJELIS KEHORMATAN DISIPLIN KEDOKTERAN INDONESIA SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PIDANA

I Komang Gede Oka Wijaya (Universitas Airlangga)



Article Info

Publish Date
04 Jan 2017

Abstract

Evidentiry of the existence of the alleged medical negligence, who is performed by a doctor is very difficult to do, provisions of law of general application, both in civil law (Burgerlijk Wetboek), criminal law and criminal procedure law can not necessarily be applied to cases in which one side is the doctor as medical personnel. After the enactment of Act No. 29 Year 2004 concerning Medical Practice, there is an institution which authorized to determine the presence of errors in the application of medical disciplines performed by a doctor. In the Indonesian Medical Council Regulation No. 32 Year 2015 Article 62 paragraph 2 implicitly mentioning the MKDKI Decision can not to use as evidence in determining medical negligence actions performed by a doctor. This is not accordance with the Constitutional Court Decision No. 14/ PUU-XII/ 2014 and the Criminal Procedure Code.

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Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...