PERLINDUNGAN HUKUM TERHADAP KORBAN MALPRAKTEK PROFESI MEDIS ( Kajian Putusan Nomor75/Pid.Sus/2019/PN.Mbo )

Abstract

This study aims to analyze the legal protection for victims of medical
malpractice in accordance with Law Number 36 of 2009 concerning Health and
Law Number 8 of 1999 concerning Consumer Protection (UU PK), and to find
out the imposition of criminal acts against perpetrators of medical malpractice in
cases of medical malpractice. Decision Number75/Pid.Sus/2019/PN.Mbo based
on Law Number 36 of 2014 concerning Health Workers.
Over time, malpractice cases overflowed like an iceberg. Malpractice cases
are of particular concern to the public. This makes the community give a negative
assessment of the services of health workers. In fact, in carrying out their
professional duties, there are often health workers, both doctors, nurses, and
midwives who fail or do not achieve the patient's healing goals, and sometimes
patients experience disability, even death. This is as in the Decision Study
Number75/Pid.Sus/2019/PN.Mbo.
The type of research used by the author is normative juridical research.
The nature of this research is descriptive analysis, with the data obtained is
secondary data through literature study. Data were analyzed in a normativequalitative
manner by interpreting and constructing statements contained in
documents and legislation (statue approach).
The results of this study are the victims have received legal protection based
on Law No. 36 of 2009 concerning Health and Law No. 8 of 1999 concerning
Consumer Protection (UU PK) in the form of compensation. In imposing a criminal
decision, the judge declared guilty and sentenced him to 2 (two) years and 6 (six)
months reduced entirely for as long as the defendant was detained. In the future, the
judge will reconsider the criminal decision in accordance with Law Number 36 of
2014 concerning Health Workers Article 84.
Keywords: Legal Protection, Malpractice of the Medical Profession