PENYELESAIAN HUKUM TERHADAP PELAKU DAN KORBAN MALPRAKTEK

Abstract

Malpractice that is known as ‘ Medical Malpractice ’ is a service that gives possible effect or impact ,some kind like an analysis endured to judge the disease that cause wrong medical treatment. So there can beobtained three laws health problem, there are : administration malpractice, medical malpractice,, analysismalpractice and Lex Specialis consequences. The solving problem , are not in the civil and criminal zone but inthe zone of health administration law neither action not medical treatment.This research aimed to describe law solving to the problem medical service also how far the correlationbetween , also how far the correlation between Law number 36 Year 2009 about Health and Law Number 29Year 2004 about Medical Practices are socialized and applied in the Indonesian criminal Justice.The research that is performed by the writer is normative juridical ( legal research) and qualitativeempirical research, where law rule are existed in the act, regulation, also court judgments. All data areanalyzed then with qualitative descriptive method.The result of the research are : (1) Health are human rights. All people have their right for enough livingstandard to gain health and self and their family’s prosperity as written at section 25 of United NationOrganization General Declaration of Human Rights . Indonesia accepted all right of every people to gainhighest standard that can be obtained for physical and mental health. (2) Law protection related with theguarantee of law assurance of safety and security of the patient. As the consumer of medical service , theguarantee of law assurance are main condition to obtain health services. If there is legal dispute between theperformed of medical services with the patients as the consumer of health services, it can be performed via twoways, that are litigation way as the solution of the problem outside of jurisdiction, and non litigation way as thesolution of the problem via jurisdiction.Key words : Malpractices, Law solution