Implementasi UU No. 36 Tahun 2009 tentang Kesehatan terhadap Pertanggungjawaban Perdata Atas Tindakan Malpraktik Dokter dan Rumah Sakit (Studi Putusan No. 624/PDT/2019/PT.DKI)

Abstract

Health is a human right guaranteed by law which is the goal and ideal of the Indonesian State contained in the 1945 Constitution, Article 28 H paragraph (1), and law no. 36 of 2009 concerning Health which has been replaced by the latest law, namely law no. 17 of 2023 concerning health. In the implementation of health services, problems sometimes arise that can cause medical disputes. Malpractice or bad practice that does not meet the standards set by the profession, a doctor commits malpractice if he does not or adequately takes care of the treatment or care of a patient. Therefore, the problem in this thesis is what is the civil responsibility of doctors and hospitals for acts of malpractice against patients according to statutory regulations, and what legal remedies can be taken by patients who are victims of malpractice acts committed by doctors according to statutory regulations, and What are the judge's legal considerations regarding the DKI Jakarta High Court decision No. 624/Pdt/2019/PT.DKI This study uses normative legal methods. Therefore, the data used include primary, secondary and tertiary data. Data were collected using library research techniques. The results of the study indicate that hospitals as providers of health services are responsible for losses caused by their own actions, or goods under their supervision. The main cause of malpractice is errors, such as negligence by medical personnel. The results of this study also show that if negligence occurs, in Law No. 29 of 2004 concerning Medical Practice, it is stated in Article 66 paragraph (1) of the Medical Practice Law, a situation is regulated where an error occurs involving health services in this case by a doctor, which can be filed a complaint to the Chairperson of the Indonesian Medical Disciplinary Honorary Council (MKDKI) by anyone who knows or whose interests are harmed. With this thesis, the author explains what efforts can be made by patients who experience losses to report the losses they suffer to the Indonesian Medical Disciplinary Honorary Council, according to Article 66 paragraph (3) of the Medical Practice Law, victims of malpractice who are harmed by a doctor's error or negligence in carrying out medical actions can also report any alleged criminal acts to the authorities and/or sue for civil damages in court. The panel of judges in deciding the case in Decision No. 624/Pdt/2019/PT.DKI looked at several provisions, namely based on Article 1365, 1366 of the Civil Code regarding the element of error made by the doctor in carrying out his duties to examine and treat. In addition, by considering Article 1367 of the Civil Code and Article 46 of Law Number 44 concerning Hospitals, the