LEGAL PROTECTION FOR

MEDICAL WORKER IN
INDONESIA
A G N E S S T E FA N I
A G N E S TA M R I N

RESIDENT MENTOR:
D R . T U N TA S
DHANARDHONO, MSI.MED

A R YA P R A D I PA
DICKY ADRIAN
KEVIN ANTHONY
GLORIUS

SUPERVISOR:
DR. ARIF RAHMAN SADAD,
S P. F, S H , M S I . M E D , D H M

INTRODUCTION
National goals health development for entire community
Doctor as a profession who provide services in the health
sector, have an important role.
Doctor as the subject of law have a responsibility for every his
work when what it causes a loss for patients
Doctor need to get insurance legal protection in order to give
certainty in do health effort to the patient

PROBLEM
1 .How a legal basis in Indonesia in administering
practices medicine?
2 .How a legal basis in other countries in organizing
medicine practices ?

PURPOSE
1.To know legal basis in Indonesia in administering
practices medicine in indonesia.
2.To know legal basis in other countries to carry out
medicine practices.
3.To fulfill the requirement for test of medical science
forensic and medikolegal.

CASE ILLUSTRATION

You suffer severe trauma to your left arm in a car accident, and are
immediately taken to the hospital by an ambulance. You are examined by
doctors in the emergency room and it is determined that you will need
immediate surgery to stop the bleeding and prevent further injury. After being
escorted to the operating room, your surgeon quickly glances at a chart to
see the type of procedure he will be performing.

When you wake up, you realize that your right arm is missing. Instead of
receiving treatment on your left arm, which was clearly damaged, your right
arm, which was in perfectly good condition, has been amputated. Prior to
surgery, the doctor had carelessly checked a chart and believed you were a
different patient. As a construction worker, you no longer have the ability to
perform the work you once did.

CHAPTER II
Malpractice of medicine a process that
is involving error procedure handling a
patient done by doctor

MOST COMMON MISTAKE HAPPENS

IN MEDICAL WORLD
Mistake in diagnose
Mistake in prescribtion medicine
Mistake in therapy
Mistake in handling patients by a doctor

TYPE MALPRACTICE
Malpractice civil
Malpractice criminal
Malpractice administrative

MALPRACTICE CIVIL
Not fullfill the agreement in therapeutic transactions by a
doctor or health workers
To sue compesation negligence from doctors, patients have to
prove evidence:
an obligation doctor to the patient
doctor had violated medical services that has been used
the plaintiff ( patients ) has suffered losses
the treatment of doctor does not fit the standard

MALPRACTICE CRIMINAL
Death or disabillity caused by a doctor or medical
worker that not aware of patient:
Intetional malpractice criminal
Recklessness malpractice criminal
Negligence malpractice criminal

MALPRACTICE ADMINISTRATIVE
Violation of administrative state law by doctors or
medical worker

LAW OF MALPRACTICE IN INDONESIA

KUHP 359, 360, 361
KUHPerdata pasal 1243, 1601
UU No. 29 tahun 2004 tentang Praktik Kedokteran
UU No. 36 tahun 2009 tentang Kesehatan
KODEKI pasal 8 Profesionalism

LEGAL PROTECTION TO MEDICAL

WORKER
UU Nomor 29 Tahun 2004 tentang Praktek Kedokteran Pasal 50
UU No 36 tahun 2009 tentang Kesehatan pasal 27 ayat (1)

THE JUDICIAL SYSTEM AND DISPUTE

SETTLEMENT IN INDONESIA
There is 2 mechanism
Litigation
Non litigation mediation (type of Alternative Dispute Resolution)

Mediation a way to find an agreemant againts dispute by

negotiation between the two sides and mediator
UU 36 Tahun 2009 Pasal 29 tentang Kesehatan
Health workers who is suspected of committing an negligence in their
work, this negligence have to close first by mediation

THE JUDICIAL SYSTEM AND DISPUTE

SETTLEMENT IN INDONESIA
2 type of negotiation :
Positional based bargaining
Interest best based bargaining.

THE JUDICIAL SYSTEM AND DISPUTE

SETTLEMENT IN INDONESIA
Advantage
A relationship between
doctor and patient should
be continued. However
both sides have same
interest but difference in
context and responsibility
each other.

Disadvantage
Limitation of supporting
from court in process and
execution of dispute

Process and decision of

dispute can not be
accomplished

U N I T E D S TATE S

LAW OF MALPRACTICE IN UNITED

STATES
Law of malpractice based on common law.
Each of states in USA have different law in medicine,
based on their legislatif
The legal system is designed to give negotiations
between related parties with the aim of resolving the
problem to the table without a trial. Patients must
show that the doctor acted negligent in providing
treatment and resulting in injury

LAW OF MALPRACTICE IN UNITED

STATES
To sue compesation negligence from doctors, patients have to
prove evidence:
an obligation doctor to the patient
doctor had violated medical services that has been used
the plaintiff ( patients ) has suffered losses
the treatment of doctor does not fit the standard

LAW OF MALPRACTICE IN UNITED

STATES
The legal system that set dispute resolution civil between
parties in the United States called as a system adversarial , in
which advocates for each party opinions before a jury or judge
Patient who suffered loss could make a sue to court plaintiff
If the plaintiff success, court will issued the order court against
loss.
In this case, the defendant is doctor, laboratory, hospital, or
profesional organization owned by doctor

GERMANY HEALTH
CARE SYSTEM

BASES OF LIABILIT Y
The most common causes of liability :
defective treatment
wrong diagnosis
wrong medication
lack of disclosure
unauthorized treatment.

E. DEUTSCH & A. SPICKHOFF, MEDIZINRECHT 129-35 (Berlin,

BASES OF LIABILIT Y
The cost of treatment, rehabilitation,
mitigation of the consequences of
permanent damage, and long-term
care can be awarded in medical
malpractice cases and in personal
injury cases in general.

THE INFLU ENCE O F T HE SOCIAL SECU RIT Y

SYST EM ON DAMAGE AWARDS
Extensive safety net provided by the German
social security system
Benefits that mitigate the losses of the
German victim include health care as
provided by the social or private insurer,
unlimited paid sick leave as provided either
by the employer or the health insurer,
generous disability pensions from the social
pension insurance scheme, and, if applicable,
welfare benefits

DAMAGES FOR PAIN AND SUFFERING

Due to the usual absence of significant tangible
losses, a German victim of personal injury will
make a medical malpractice claim development
of the law. primarily to obtain damages for pain
and suffering.
German damages for pain and suffering are still
too low, and they attribute this stagnation to the
low number of pain and suffering awards made
by the courts. Only 8 percent of the malpractice
cases are litigated and only these cases can

MEDICAL MALPRACTICE CLAIMS

A victim of medical malpractice is most
likely to start the process of claiming
damages with the liability insurer of the
physician or hospital.
Claim to :
Court
Mediation Center

 Although Germany has experienced an

increase in medical malpractice claims in
recent years and also an increase in
damages for pain and suffering for very
serious injuries, liability for medical
malpractice generally leads to very
moderate damage awards.

CONCLUSION
Malpractice of medicine a process that is involving error
procedure handling a patient done by doctor
Law of malpractice in Indonesia, Germany, United States are
similar to each other
There are 4 main points in law of malpractice:
an obligation doctor to the patient
doctor had violated medical services that has been used
the plaintiff ( patients ) has suffered losses
the treatment of doctor does not fit the standard