📅 26 January 2023

TINJAUAN HUKUM PIDANA TERHADAP KINERJA DOKTER DALAM MELAKSANAKAN SUMPAH DAN KODE ETIK KEDOKTERAN: (KINERJA PRAKTEK KEDOKTERAN)

Dinamika Hukum
Universitas Slamet Riyadi

📄 Abstract

This study aims to determine the violations committed by doctors incarrying out medical practice and the criminal sanctions that will be received if inmedical practice they do not comply with the oath and code of medical ethics, andto find out the regulations regarding professional ethics for a doctor in the medicalcode of ethics, and to determine the role IDI in order to help resolve legal problemsfaced by doctors.A doctor in providing health services to the community will definitely tryor must provide the best for his patients Health Law no. 36 of 2009 which in Article4, Decree of the Minister of Health Minister of Health Regulation No.585/Men.kes/Per/IX/1989, Decree of the Minister of Health No.434/Men.kes/SK/IX/1983. If the doctor is negligent in carrying out his duties, it isinevitable that the doctor will be faced with lawsuits.This research is a normative research, namely, legal research conducted byexamining violations committed by doctors in carrying out medical practice and thecriminal sanctions that will be received if in medical practice they do not complywith the oath and code of medical ethics. a doctor. Types of data used includesecondary data and primary data. Data collection techniques used are throughobservation, interviews and literature research in the form of books, legislation,documents, and so on. Data analysis used qualitative data analysis with aninteractive model.Based on this study, it was found that doctors were judged to have mademistakes in carrying out their profession if in carrying out their duties they were notin accordance with professional standards in the form of medical service standards,standard operating procedures, lack of ability, lack of knowledge, lack ofexperience and violating the medical code of ethics. Sanctions imposed on doctorswho have been proven to have made mistakes in the form of negligence orintentional in carrying out the profession, namely in the form of: Actions imposedon doctors who commit professional mistakes are as regulated in Articles 359, 360,and 361 of the Criminal Code, the punishment is imprisonment, confinement, andpaying a fine. In terms of civil law, as in Article 1365 of the Civil Code wheredoctors can be required to pay compensation in the event that the patient suffers aloss.Keywords: Performance; Doctor; Code of Ethics; Criminal sanctions

â„šī¸ Informasi Publikasi

Tanggal Publikasi
26 January 2023
Volume / Nomor / Tahun
Volume 13, Nomor 1, Tahun 2023

📝 HOW TO CITE

GUNAWAN TS, ARIA CHANDRA, "TINJAUAN HUKUM PIDANA TERHADAP KINERJA DOKTER DALAM MELAKSANAKAN SUMPAH DAN KODE ETIK KEDOKTERAN: (KINERJA PRAKTEK KEDOKTERAN)," Dinamika Hukum, vol. 13, no. 1, Jan. 2023.

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