PENYELESAIAN HUKUM TERHADAP PELAKU DAN KORBAN MALPRAKTEK

M Rosdi

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 be
obtained three laws health problem, there are : administration malpractice, medical malpractice,, analysis
malpractice and Lex Specialis consequences. The solving problem , are not in the civil and criminal zone but in
the 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 correlation
between , also how far the correlation between Law number 36 Year 2009 about Health and Law Number 29
Year 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 qualitative
empirical research, where law rule are existed in the act, regulation, also court judgments. All data are
analyzed then with qualitative descriptive method.
The result of the research are : (1) Health are human rights. All people have their right for enough living
standard to gain health and self and their family’s prosperity as written at section 25 of United Nation
Organization General Declaration of Human Rights . Indonesia accepted all right of every people to gain
highest standard that can be obtained for physical and mental health. (2) Law protection related with the
guarantee of law assurance of safety and security of the patient. As the consumer of medical service , the
guarantee of law assurance are main condition to obtain health services. If there is legal dispute between the
performed of medical services with the patients as the consumer of health services, it can be performed via two
ways, that are litigation way as the solution of the problem outside of jurisdiction, and non litigation way as the
solution of the problem via jurisdiction.


Key words : Malpractices, Law solution


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