IMPLEMENTASI KEBIJAKAN HUKUM PIDANA DALAM PENANGGULANGAN TINDAK PIDANA MALPRAKTIK KEDOKTERAN

Abstract

The medical profession is one profession that is filled with risks, sometimes in treating the patient or the patient may cause injury or disability and even death as a result of the doctor's actions. Thus doctor’s action often indicated as the medical malpractice by the victim in this case the victim is the patient. Many claim, especially in criminal, addressed to the doctor or medical health personnel due to the action of this health worker. It is necessary doing the research on policy formulation within the framework of criminal law crime prevention, particularly in medical malpractice in giving legal protection to patients of medical malpractice victims. This thesis aims to knowing criminal law policy according to Law number 36 year 2009 about health and Act number 29 year 2004 about medical practice in overcoming malpractice crime of medicinethe and implementation of Law number 36 year 2009 on health and Act number 29 year 2004 about medical practice in overcoming malpractice crime of medicine In preparing this thesis, using a normative juridical approach, namely the author researching library materials that are secondary data is better known by the term legal research literature,which is associated with health. In the Penal Code, Act No. 36 of 2009 and on Act No. 29 of 2004 on the Practice of Medicine, according to the current laws of positiveism not governing the understanding of medical malpractice. In the Act No. 29 of 2004 on the Practice of Medicine concerning corporate liability is limited to infringement of the practitioner's license. other than that In the Act No. 29 of 2004 on the Practice of Medicine also stipulates that in case of alleged malpractice it should be handled by MKDI in advance to be investigated before entering the criminal realm. Implementation of Law Number 29 of 2004 on Medical Practice and Law Number 36 Year 2009 on Health which is reflected in the completion of the case to the doctor Ayu with the free decision, which is to provide protection to the patient, to maintain and improve the quality of medical services. given by doctors and dentists, and Provide legal certainty to the doctor in order to carry out the task calmly. Keywords: Policy, Criminal Law, Policy, Law, Malpractice