JURIDICAL REVIEW OF LAW ENFORCEMENT OF THE MEDICAL CODE OF ETHICSQAGAINST THE DOCTORWHO COMMITS MALPRATIC ACTS MEDICAL

Abstract

Formulation in this research is: (1) Indonesian Medical Code of Ethics? (2)Judges Considerations in Deciding Case Tagainst Doctors Who Commit Medical Malpracticebased on Decision Number1441/Pid.Sus/2019 /PN.Mks?. The method used is qualitative descriptive with data sources obtained from laws, books, journals and related articles. The results of this research are: In relation to violations of the code of ethics, in health law there are several ethical theories that can be used as a basis for consideration in making a decision to violate the code of ethics for the medical profession. There are three types of ethical theories that are widely known in the health aspect: Classical Ethical Theory, value ethical theory, Contemporary Ethical Theory. Decision 1441/Pid.Sus/2019/PN. Max. regarding malpractice, the perpetrator was acquitted by the judge, the perpetrator was charged with Article 79 letter c in conjunction with Article 51 letter a of Law Number 29 of 2004 concerning Medical Practice and Article 360 ​​paragraph (1) of the Criminal Code, because it was based on the chronology of events, documentary evidence, witness statements and the defendants statement. in this case it has fulfilled the elements contained in the statutory regulations.