TINJAUAN HUKUM PIDANA TERHADAP KINERJA DOKTER DALAM MELAKSANAKAN SUMPAH DAN KODE ETIK KEDOKTERAN

(KINERJA PRAKTEK KEDOKTERAN)

Abstract

This study aims to determine the violations committed by doctors in
carrying out medical practice and the criminal sanctions that will be received if in
medical practice they do not comply with the oath and code of medical ethics, and
to find out the regulations regarding professional ethics for a doctor in the medical
code of ethics, and to determine the role IDI in order to help resolve legal problems
faced by doctors.
A doctor in providing health services to the community will definitely try
or must provide the best for his patients Health Law no. 36 of 2009 which in Article
4, 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 is
inevitable that the doctor will be faced with lawsuits.
This research is a normative research, namely, legal research conducted by
examining violations committed by doctors in carrying out medical practice and the
criminal sanctions that will be received if in medical practice they do not comply
with the oath and code of medical ethics. a doctor. Types of data used include
secondary data and primary data. Data collection techniques used are through
observation, interviews and literature research in the form of books, legislation,
documents, and so on. Data analysis used qualitative data analysis with an
interactive model.
Based on this study, it was found that doctors were judged to have made
mistakes in carrying out their profession if in carrying out their duties they were not
in accordance with professional standards in the form of medical service standards,
standard operating procedures, lack of ability, lack of knowledge, lack of
experience and violating the medical code of ethics. Sanctions imposed on doctors
who have been proven to have made mistakes in the form of negligence or
intentional in carrying out the profession, namely in the form of: Actions imposed
on doctors who commit professional mistakes are as regulated in Articles 359, 360,
and 361 of the Criminal Code, the punishment is imprisonment, confinement, and
paying a fine. In terms of civil law, as in Article 1365 of the Civil Code where
doctors can be required to pay compensation in the event that the patient suffers a
loss.
Keywords: Performance; Doctor; Code of Ethics; Criminal sanctions