PertanggungJawaban Pidana Terhadap Dokter Atas Kesalahan Diagnosis Secara OnlinePada Klinik Kecantikan Online

Abstract

The percentage of errors diagnosed by doctors to patients in online clinics, it is one of the challenges
that must be faced for advancement in the health sector. A study conducted by the association of trial lawyer
of America shows that the percentage of doctors misdiagnosed is as much as two percent of the total
patients who undergo examinations in the clinic. Patients who are misdiagnosed usually have atypical
symptoms that make diagnosis more difficult. If a diagnosis error by a doctor occurs, the doctor should or
can be held accountable, because in general everyone is responsible not only for the loss caused by his
actions, but also for losses caused by negligence or inadvertence.
The formulation of the problem in this research is, first, how is the online clinic's legal position
based on the Law of the Republic of Indonesia Number 36 of 2009 concerning Health? second, how is the
criminal responsibility against doctors based on the Law of the Republic of Indonesia Number 29 of 2004
concerning Medical Practices?
The research is a normative legal reseach. From the results of the problem research there are two
main things that are collected, first, the position of online clinical criminal law in the provision of health
services is based on the Law of the Republic of Indonesia Number 36 of 2009 concerning Health that every
person has the right to obtain safe, quality and affordable health services. Second, the accountability of
criminal law against doctors is based on the Law of the Republic of Indonesia Number 29 of 2004
concerning Medical Practices, namely if a doctor commits a mistake made by a doctor or other health
worker which causes damage or disability in the victim's body negligently.
Keywords:criminal liability, diagnosis, health services