Tinjauan Yuridis tentang Pertanggungjawaban Rumah Sakit Terhadap Pasien Korban Malpraktik Menurut Undang-Undang Nomor 36 Tahun 2009 Tentang Kesehatan

Abstract

Medical malpractice is negligence or inadequacy carried out by health personnel causing harm to
the patient either intentionally or unintentionally and can be accounted for. Indonesian health law does not
yet have specific regulations regarding malpractice so that criminal liability in solving malpractice
problems often becomes ambiguous. On the other hand, the Hospital as an institution with corporate legal
status is in charge of providing facilities and health workers should also be responsible for negligence
caused by health workers who work in the hospital. So that the settlement of malpractice cases can be a
shared responsibility between health workers and health care institutions. Legal certainty is needed to
determine more appropriate regulations so that they can be applied uniformly.
Even though they do not have specific rules for dealing with malpractice, accountability can still be
taken in criminal, civil and administrative law. The difficulty of proof from the side of the victim makes the
settlement of malpractice more often taken through civil law. Though most of the settlement of civil
malpractice often causes inequality and dissatisfaction for victims of malpractice patients. So that there is
not much that can be done by victims in dealing with these problems. And that is why the prosecution of
malpractice cases is still very minimal.
For administrative settlement, the Minister of Health formed MTKI (Indonesian Health Workers
'Assembly) and MTKP (Provincial Health Workers' Assembly) which functioned as institutional supervisors
and health workers. One of the authorities of MTKI and MTKP is to issue a STR (Registration Certificate)
and revoke it if the health worker or the institution concerned is proven to have committed a violation.
Keywords: Accountability, Malpractice, Health Workers