GAGASAN PEMIDANAAN TERHADAP PEKERJAAN TUKANG GIGI DALAM TINDAK PIDANA MALPRAKTIK DI INDONESIA DITINJAU DARI TEORI PEMIDANAAN

Abstract

In Indonesia, the number of dental artisans who are members of various
associations such as the Independent Dental Artisans Association (ASTAGIRI),
Indonesian Dental Artisans Association (ITGI), Indonesian Dental Artisans Union
(PTGI), Indonesian Dental Artisans Group (HITGI), Indonesian Dental Artisans
Forum (FTGI), and Dental Artisans Forum (FPG) is approximately 75,000
individuals.
This research can be classified as normative legal research, which
examines the legislation related to the legal theories that are the focus of the
study. The approach used is qualitative analysis, collecting data from books,
journals, and other scholarly works relevant to this research. Primary and
secondary legal sources are utilized as data sources.
The conclusion drawn from the research is as follows. Firstly, the urgency
of criminalizing dental artisans in cases of dental malpractice in Indonesia is
based on past cases experienced by victims of dental artisans, as well as illegal
dental practices that exceed their authority. Actions are only subject to
administrative sanctions, such as warnings and license revocation. However, the
urgency lies in permits and still make mistakes or engage in malpractice should
be subject to criminal punishment. The ambiguity of the current provision
necessitates further study, criminal law reform, and more specific regulations to
enable the criminalization of dental artisans. Secondly, the idea of criminalizing
dental artisans in cases of dental malpractice in Indonesia was initially regulated
under Article 78 of the Medical Practice Act.
However, the Constitutional Court declared the criminalization of dental
artisans unconstitutional. The wording of Article 78 should be read as follows:
"Any person who intentionally uses tools, methods, or other means to provide
services to the public, giving the impression that they are a registered doctor or
dentist, except for dental artisans who have obtained practice permits from the
Government as referred to in Article 73 paragraph (2), shall be liable to
imprisonment for a maximum of 5 years or a fine of up to IDR 150 million."
Keywords: Dental Artisans, Criminalization, Urgency, Idea, Criminal Offense.