Authors : Mochammad Istiadjid Eddy Santoso, Prija Djatmika, Bambang Sugiri and Suhariningsih
Abstract: This research aims to identify and analyze the meaning of medical practices in the perspective of human rights; to know and analyze the legal relationship between doctor and patient and to know and analyze the implementation of the articles of the Indonesian civil code in the doctor-patient relationship. This research uses normative legal research because this research is focusing on assessment of the legal provisions (normative) relating to health, complemented with assessment of medical malpractice cases widely discussed in the media lately. The medical practice is a series of activities performed by a doctor to a patient in carrying out health efforts. Medical practice carried out based on Pancasila and based on the value of scientific, benefit, justice, humanity, balance and the protection and safety of patients. Responsibility under civil law in the medical services appear in the form of liability based on breach of contract (violation of Article 1320 of the Civil Code) and liability based on tort (Article 1365 and 1366 of the Civil Code). Liability based on tort, based on responsibility by mistake (liability based on fault). Therefore, it can be directed at any person who commits an unlawful act that causes damage to the other person. Using the principle of reversed proof that the perpetrator may submit things that could prove his innocence. The necessity to change the mindset of the public to choose to pursue the process of civil rather than criminal proceedings. MKDKI (Majelis Kehormatan Disiplin Kedokteran Indonesia-Honorary Council of Indonesian Medical Disciplinary) empowerment as an institution to resolve malpractice liability against the doctor.
Mochammad Istiadjid Eddy Santoso, Prija Djatmika, Bambang Sugiri and Suhariningsih , 2017. The Implementation of Civil Law on Doctor-Patient Relationships in Indonesia. The Social Sciences, 12: 2236-2243.