Abstract

Whether there is medical disciplinary violation or not is decided by Indonesian Medical Disciplinary Board ( MKDKI) according to the mandate of Article 55 of Law Number 29 Year 2004 on Medical Practice. Article 66 paragraph (3) of Law Number 29 Year 2004 also grants right for every person whose interest are violated by a doctor or dentist’s act during their medical practice to report the alleged criminal offense to the authority or file a civil lawsuit to court. The provision potentially weakens MKDKI’s verdict role in medical dispute settlement. The result shows that MKDKI in medical dispute settlement contribute to provide written real evidence. It can be medical dispute settlement by mediation, a report to the authority or a suit to court. The role of MKDKI’s verdict is still hampered by several factors including law, law enforcement, facilities and cultural factors. Keywords: Medical Dispute; Doctors and Dentists; Disciplinary violations; MKDKI; The verdict role.

Highlights

  • Every medical practicioner must serve health care based on medical standart according to the law and regulations

  • Dispute could be identified as a situation where someone wanted to force their will to another who confront them and hold an opposition.8Dispute in medical practice is known as medical dispute, it is a dispute between the doctor and patient in providing health care

  • Medical dispute settlement must be through MKDKI in advance before it is reported to law enforcement institution since MKDKI is a profession judiciary instution

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Summary

Introduction

Every medical practicioner must serve health care based on medical standart according to the law and regulations. The health care provided by practicioner is always as expected. Medical practitioner’s negligence frequently causes fatal impact such as disability, paralyzed, or even death.. One of medical practicioners who has an important role in health care is doctor. Doctor might be be negligent or made mistakes sometimes which potentially cause violations of code of medical ethics, even it is possible to commit a violation of the legal norms.. Article 64 of Law Number 29 Year 2004 on Medical

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