History of Medicine


An Open Access Journal

Criminal Responsibility for Malpractical Actions in The Perspective of The Book of Criminal Law and Health Personnel.

Ahmad Jamaludin
Amalia Kusuma Wardani
Aryanti Yunita
Galih Arie Febriantiarno
Muhammad Reyhan Harvianto


Equity in the health sector is very integral to the existence of national equity in development in the health sector, in which equity activities can improve people's lives through optimal health insurance as mandated in the preamble to the 1945 Constitution of the Republic of Indonesia which hereinafter referred to as the 1945 Constitution, which has stated that every Indonesian has the right to a decent life both physically and mentally and has a right to be able to receive maximum health services. Thus, this study aims to analyze the act of health malpractice crimes which are often said to be an activity in the form of medical actions in which there have been actions that have been committed by one of the medical staff including from medicine or by a person or group of people who under his supervision, for acts towards his patients, whether in the presence of a diagnosis, whether therapeutic, or where there is a management of the disease, where the act has been carried out in a way that violates the law, violates the existence of decency, violates the existence of decency, as well as has violated the existence of the principles of professional attitude. This study concludes that whether it was done intentionally, or with carelessness, which has led to wrong actions that cause pain, injury, death, disability, damage to the soul or body, or in this case the other losses experienced by patients while carrying out their treatment, which causes health workers to be responsible both in civil law and also in criminal law.

Keywords: Malpractice, Regulation, Legislation. ,


From 2021

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I.M. Sechenov

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