Pertanggungjawaban Pidana Tenaga Kesehatan Terhadap Malpraktik Dan Negligence Dalam Tindakan Khitan (Sirkumsisi)

Tamara Roully Sibarani, Erdianto Effendi, Widia Edorita

Abstract


Errors of Practice (malpractice) occur or caused a malfunction that can
be less cautious, less careful, and less seriousness in the anamnesis, examination,
diagnosis, therapy/treatment and follow-up, on the other side because it is less
skilled and lack of knowledge from the healthcare personnel concerned. The study
titled "Criminal Liability for health workers against malpractice and Negligence
in Khitan Action (circumcision)", has a formulation of the issue of how health
criminal liability for malpractice and Negligence in the action of circumcision
(circumcision), and how should the ideal arrangement against health workers
who perform malpractice and negligence in the actions of circumcision
(circumcision).
The purpose of writing this thesis is: First, to know the criminal liability of
health workers against malpractice and negligence in the act of circumcision
(circumcision). Secondly, to know the ideal setting of health personnel who
perform malpractice and negligence in the action of circumcision (circumcision).
This type of research is normative legal research or can also be called by
doctrinal law research. From the results of the research problem there are two
points that are concluded, firstly, in case the nurse proved and fulfill the element
of doing malpractice or omission in the action of the Kkhitan (circumcision) to the
patient then the nurse can be asked Criminal liability. Secondly, in the Indonesian
legal system speaking of regulations that ideally is a rule that should be or is not
done by health workers (caregivers) in terms of the provision of services of
circumcision action (circumcision). For the case of circumcision action
(circumcision) should be made renewal or policy which contains the extent of the
rights and obligations to be done by the nurse.
Key words: Negligence – Circumcision – Regulation-Ideally


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