Trisnadi, Setyo (2016) REKONSTRUKSI PERLINDUNGAN HUKUM PROFESI DOKTER DALAM PENYELESAIAN SENGKETA MEDIS ANTARA DOKTER DAN PASIEN YANG BERBASIS NILAI KEADILAN. Masters thesis, Fakultas Hukum UNISSULA.
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Abstract
In a therapeutic relationship (professional conduct), most of medical disputes in Indonesia have been caused by an adverse event and are commonly associated with malpractice. This can be due to internal and external factors. This study was aimed to analyzed the application, the weekness and reconstruct the legal protection for dotors in resolving medical dispute between doctor and patients based on the principles of justice. The approach of this study is empirical jurisdiction—a study based on field study to obtain primary data and library research to obtain secondary data. This is an analytical descriptive study. The primary data was obtained with a guided in deep interview with a specific purpose and sample competency. Secondary data: written document, legislation and related literature. The data was obtained by interview with purpoive non random sampling method: the chairman of IDI (Indonesian Medical Association), director of Santa Maria general Hospital Pemalang. Qualitative descriptive technique was applied for data analysis. This study found weakneses in 1).Structure: paradigm of law enforcement agencies that use common offense to handle special offense, a physician in prosecuted in Public in order to carry out their profession in the context of a therapeutic relationship 2). Substance: legal norms paradigm , the weakness of some of the articles of ofUUPK (Consumer Protection Act) that requires reconstruction so that medical practice setting goals based on values of justice accomplished with a fair, balanced, good, true. Culture: a social paradigm; the use of assumptions on patient satisfaction based on the medical services that do not meet their expectations triggered by internal and external factors, this can be due to a gab in the understanding of a particular medical procedures and medical knowledge especially inadequate communication of informed consent-a means of perception the patient’s physician.ValueReconstruction: strengthening humanisticquality comprehensionbehavior ethical professionalbased on the philosophical principle, science, and e profession ethics synchronized with the theory of Hans Kelsen. Thus, doctor violationin practicingmedical procedures could be viewed in “the theory of harmonization between ethical, medical, legal norm”. Legal Reconstruction : reconstruction Article 1 (1), Article 50 a and b, Article 75 (1), Article 76, Article 79of UUPK so that Criminal Code is applied for special offense of professional misconduct. Keywords: Legal protection for physicians, the medical dispute resolution based on the values of justice.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 1 UNISSULA |
| Date Deposited: | 25 Jan 2017 03:58 |
| Last Modified: | 25 Jan 2017 03:58 |
| URI: | http://repository.unissula.ac.id/id/eprint/7045 |
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