Maladministration as Doctor Medical Malpractice: A Health Law Perspective in Indonesia

Abstract

Research over the past two decades has demonstrated that malpractice, especially malpractice in therapeutic transactions between doctors and patients as well as maladministration cases, increased as a problem that discussed by many people. However, in such a complex field, there are many ways to categorize the different issues in the health field. The research is a socio-legal research. The approach used is philosophical as a means to discover, examine and arrange the data necessary for an explanation of the health philosophy. The results show that licensing either private practice license or in hospital, in terms of legal aspects of administration has not operate optimally. Inconsistencies of sanction for unauthorized doctors and the complexity of procedures taken in obtaining license (Registration Certificate and Practice License) are the reasons. The administrative sanctions of doctors in medical services have not been executed consistently. In fact, there are still many hospital cases and doctors who do not have STR and SIP to use properly. The threat of imprisonment of a doctor who does not has a practice license is no longer valid through the Constitutional Court’ Decision Number 04/PUU-V/2007 because it is considered disproportionate, unconstitutional and contrary to Article 28G Paragraph (1) of the 1945 Constitution. Thus, to doctors and dentists who do not have a registration certificate or practice license can still be threatened with a fine penalty.

Keywords: Maladministration, Malpractice, Medicine, Health Law