DISPARITAS PUTUSAN MALPRAKTEK KEDOKTERAN STUDI PUTUSAN MAHKAMAH AGUNG NO. 365K/PID/2012

Abstract

Data of the Indonesian Medical Discipline Honorary Assembly (MKDKI) shows that cases of malpractice by obstetricians are
quite high. For example, the malpractice case that reached trial to the Supreme Court was a team of doctors consisting of dr.
Ayu, dr. Hendi Siagian, and dr. Henry Simanjuntak at Dr. Kandau Manado Hospital against the victim, Julia Fransiska
Makatey. Another case, the malpractice case resulted in the supreme court judge's ruling, namely Supreme Court Ruling No.
365K/Pid/2012. The form of criminal acts committed by doctors in carrying out their profession is divided into three
categories, namely (1) criminal malpractice of willful nature; (2) Criminal Malpractice of carelessness; and (3) Criminal
Malpractice that is opassive. The basis of the Supreme Court Judge's consideration in dismissing case No. 365K/Pid/2012 is
that medical actions taken against patients, whether in terms of diagnosis, therapeutic and disease management performed,
have violated the law, propriety, decency and professional principles. the basis of consideration is that the Defendant
performed medical actions in accordance with the prevailing orational standards of procedure, competence, and ethics.