UNTAG Law Review
Vol 1, No 2 (2017): UNTAG Law Review (ULREV)

IMPLICATIONS SOCIO-JURIDICAL CRIMINAL CHARGES RELATED TO ALLEGED MALPRACTICE MEDICAL DOCTOR

Muh Endriyo Susila (Faculty of Law University of Muhammadiyah Yogyakarta)
Dirwan Suryo Soularto (Unknown)



Article Info

Publish Date
30 Nov 2017

Abstract

The lack of legislation governing medical malpractice issue has placed doctors in Indonesia in vulnerable position. They may easily be exposed to the criminal litigation when medical treatment goes wrong. Negligence which results in injury or death amounts to criminal prosecution according to the existing law as it can be seen in Dr. Ayu's case. The infliction of criminal punishment upon three obstetricians in the late 2013 (in Dr. Ayu's case) was both controversial and phenomenal. It has stimulated the national action of strike among doctors and skepticism about law and its enforcement in Indonesia. Trembling with fear of criminal prosecution may encourage doctors in Indonesia to practice defensive medicine. This paper will make analyses on the implication of the criminal prosecution of doctors from socio-juridical perspective.

Copyrights © 2017






Journal Info

Abbrev

ulrev

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice

Description

UNTAG LAW REVIEW, is a peer-review journal published by FACULTY OF LAW UNTAG SEMARANG, UNTAG LAW REVIEW is published twice a year in May and November. This journal provides direct open access to its content with the principle that making research freely available to the public supports greater ...