Upaya Penyelesaian Malpraktek Medis dengan Menghadirkan PayungHukum Tindak Pidana Medis

Abstract

The development of health services and the demands of the community have an impact on changing the need for
competence in primary health services which is one of the responsibilities of doctors. The emergence of various
cases involving patients with doctors in the legal realm then creates problems because it is very difficult to
distinguish which is malpractice and which is negligence, accident, or failure by health workers. Until now,
Indonesia does not yet have a nationally applicable medical professional standard. The absence of medical
professional standards is detrimental to the medical profession and society because professional standards for
doctors can be used as a tool to defend themselves for their medical actions, especially if medical practice harms
patients. This paper aims to analyze the importance of the presence of medical-legal protection as a guarantee of
the protection of human rights for the community and medical personnel, especially doctors. The normative
research method uses a conceptual approach, a case approach, and a statutory approach. Many laws and
regulations regulate malpractice but are unable to explain in detail the medical crime itself. So that a special law
should be formed that explicitly regulates medical crimes so that the rules do not overlap and the resolution of
medical cases can be resolved quickly and accurately.