The Regulation of Medical Malpractice in Indonesia Law System and Its Legal Implication

Abstract

The purpose of this study is to analyze, obtain a deep understanding, and find the form of medical malpractice in Indonesia Law System and its legal implication; the results and findings of this study can be used to increase perception and as feedback for law practitioners, patients and their family, doctors, and society. Therefore, the possibilities of medical dispute and malpractice can be minimized in the future. This study uses normative law method. The result shows that there is vacuum of norm in terms of “medical malpractice” in Indonesia due to the use of the term neglience, which actually does not have the same meaning with medical malpractice. This phenomenon has made many parties, especially law enforcers, to enter difficult situation as to judge whether a doctor has performed a medical malpractice or not. In some countries, Anglo Saxon or Continental, a special regulation about medical malpractice has been arranged in an a special act.

Keywords: medical malpractice, civil law, liability, Indonesia