Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal Law

Medical dispute resolution efforts are the implementation of legal protection for medical personnel. A medical worker who is affected by a medical dispute can enter into the realm of civil (court), criminal (police), professional ethics (MKEK), professional discipline (MKDKI) together. Whereas in ca...

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Main Authors: Ade Armada Sutedja, A. Joko Purwoko, Edi Sumarwanto
Format: Article
Language:Indonesian
Published: Soegijapranata Catholic University 2023-06-01
Series:Soepra: Jurnal Hukum Kesehatan
Subjects:
Online Access:https://journal.unika.ac.id/index.php/shk/article/view/5288
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author Ade Armada Sutedja
A. Joko Purwoko
Edi Sumarwanto
author_facet Ade Armada Sutedja
A. Joko Purwoko
Edi Sumarwanto
author_sort Ade Armada Sutedja
collection DOAJ
description Medical dispute resolution efforts are the implementation of legal protection for medical personnel. A medical worker who is affected by a medical dispute can enter into the realm of civil (court), criminal (police), professional ethics (MKEK), professional discipline (MKDKI) together. Whereas in carrying out the activities of the medical profession, a doctor has the right to personal protection, honor, dignity, and is entitled to a sense of security and protection from the threat of fear to do or not do something which is a human right guaranteed by the Constitution. By using the normative juridical method of this paper, legal protection for medical personnel in the resolution of medical disputes is seen from the current legal certainty. Medical crimes and the protection of medical personnel have been regulated in the Criminal Code, Law No. 29 of 2004 on Medical Practice, Law No. 36 of 2009 on Health and Law No. 44 of 2009 on Hospitals. Settlement of medical criminal disputes can be through litigation and non-litigation, but there is an empty space in the legal protection of medical criminal disputes because there are no laws and regulations that regulate it even though it has been carried out, namely by penal mediation.
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spelling doaj.art-51d57be379504e28bcfc273f8dd64a642023-07-28T08:14:41ZindSoegijapranata Catholic UniversitySoepra: Jurnal Hukum Kesehatan2548-818X2023-06-0191547110.24167/sjhk.v9i1.52881937Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal LawAde Armada Sutedja0A. Joko Purwoko1Edi Sumarwanto2Master of Health Law, Soegijapranata Catholic University SemarangMaster of Health Law, Soegijapranata Catholic University SemarangMaster of Health Law, Soegijapranata Catholic University SemarangMedical dispute resolution efforts are the implementation of legal protection for medical personnel. A medical worker who is affected by a medical dispute can enter into the realm of civil (court), criminal (police), professional ethics (MKEK), professional discipline (MKDKI) together. Whereas in carrying out the activities of the medical profession, a doctor has the right to personal protection, honor, dignity, and is entitled to a sense of security and protection from the threat of fear to do or not do something which is a human right guaranteed by the Constitution. By using the normative juridical method of this paper, legal protection for medical personnel in the resolution of medical disputes is seen from the current legal certainty. Medical crimes and the protection of medical personnel have been regulated in the Criminal Code, Law No. 29 of 2004 on Medical Practice, Law No. 36 of 2009 on Health and Law No. 44 of 2009 on Hospitals. Settlement of medical criminal disputes can be through litigation and non-litigation, but there is an empty space in the legal protection of medical criminal disputes because there are no laws and regulations that regulate it even though it has been carried out, namely by penal mediation.https://journal.unika.ac.id/index.php/shk/article/view/5288medical disputes, criminal law, legal protection
spellingShingle Ade Armada Sutedja
A. Joko Purwoko
Edi Sumarwanto
Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal Law
Soepra: Jurnal Hukum Kesehatan
medical disputes, criminal law, legal protection
title Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal Law
title_full Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal Law
title_fullStr Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal Law
title_full_unstemmed Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal Law
title_short Medical Personnel Legal Protection Against Medical Dispute Settlement Efforts Viewed From Criminal Law
title_sort medical personnel legal protection against medical dispute settlement efforts viewed from criminal law
topic medical disputes, criminal law, legal protection
url https://journal.unika.ac.id/index.php/shk/article/view/5288
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