Urgensi Payung Hukum Tindak Pidana Medis dalam Upaya Penyelesaian Sengketa 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.