ANALISIS YURIDIS PERTANGGUNGJAWABAN PIDANA MALAPRAKTIK KEDOKTERAN YANG DILAKUKAN OLEH DOKTER DALAM PENANGANAN PASIEN COVID-19 DALAM HUKUM PIDANA INDONESIADIKAITKAN DENGAN KEADIILAN

Abstract

Malpractice is an act or bad practice, in other words, is a negligence (bad
practice) on the part of professionals in carrying out their profession. Thus medical
malpractice is an act of a doctor who is considered wrong when practicing medicine and
violating legal norms. Criminal liability is imposing a penalty on the maker for an act
that violates a prohibition or creates a prohibited situation. The formulation of the
problem in this study is how medical malpractice is regulated by doctors in handling
Covid-19 patients in Indonesian criminal law and how is criminal responsibility for
doctors who commit medical malpractice in handling Covid-19 patients in Indonesian
criminal law related to justice.
The method in this study uses normative legal research methods. This research is
also referred to as library research or document study. It is referred to as research or
document study because this research is mostly carried out on secondary data in the
library.
From the results of this study, the first result was that, in Indonesian criminal law,
there are no laws and regulations that specifically and in detail discuss medical
malpractice, especially medical malpractice when a health emergency (pandemic)
occurs, such as during Covid-19. Indonesian criminal law still uses existing laws and
regulations such as the Criminal Code, Law No. 29 of 2004 concerning Medical
Practice, Law No. 36 of 2009 concerning Health, Law No. 44 of 2009 concerning
Hospitals, and Law No. 36 of 2014 concerning Health Workers, Therefore, it is time for
the government to carry out reforms in Indonesian criminal law, such as making or
updating laws and regulations regarding criminal acts or medical malpractice actions
when a health emergency or pandemic occurs such as Covid-19, by making formulations
of criminal acts, criminal liability and sentencing precise and consistent. Second, based
on the 7 cases that have been described and based on the elements of criminal
responsibility, as well as being linked to justice regarding medical malpractice in the
handling of Covid-19 patients, they should be held criminally responsible based on
articles 359, 360 and 361 of the Criminal Code, article 79 letter C of the Law. No. 29 of
2004 concerning Medical Practice, Article 126 paragraph (1) and Article 190
paragraph (1 and 2) of Law No. 36 of 2009 concerning Health, and Article 84
paragraph (1 and 2) of Law No. 36 of 2014 concerning Health Workers. Based on the
explanation of the 7 cases, in the absence of criminal responsibility, it can be concluded
that the main objective of the law is not achieved because there is no justice in the law
that is created.
Keywords: Covid-19, Doctors, Malpractice, Criminal Liability