PERTANGGUNGJAWABAN DOKTER ATAS PERBUATAN MELAWAN HUKUM DALAM KESALAHAN PROFESI (STUDI PUTUSAN PERKARA NOMOR 630/PDT.G/2016/PN.BKS JO. 462/PDT/2016/PT.BDG)

ALIF DIMA APRI JAYANI, NIM. 14340077 (2018) PERTANGGUNGJAWABAN DOKTER ATAS PERBUATAN MELAWAN HUKUM DALAM KESALAHAN PROFESI (STUDI PUTUSAN PERKARA NOMOR 630/PDT.G/2016/PN.BKS JO. 462/PDT/2016/PT.BDG). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The legal relationship between doctor and patient is a form of engagement both are have rights and obligations. The legal relationship between physician and patient is a form of engagement born from legislation (Art. 1352). If there violation of doctor's law of the legal obligations of the physician because of the law will encourage a state of unlawfulness (onrechtmatige daad). One legal case against medical error on the 630/Pdt.G/2016/PN.BKS verdict which was canceled by High Court of West Java 462/Pdt/2016/PT.BDG. The lawsuit was made by Ibrahim Blegur (the patient's father) to the hospital. Which starts from Bros Dr.Yenny Wiryani.A the negligence of the doctor when giving antibiotics to the patient without any explanation and informed consent to the patient resulting in the deterioration of the patient's condition until death and not the resume of the medical record when the corpse is taken. This research was conducted to determine the doctor's accountability for unlawful acts and to analyze the judges' consideration of the Appeal Decision that canceled the First Level Decision. This research includes library research, by reviewing and examining documents in the form copies of decisions or related literature legislation. This study uses a juridical-normative approach by tackling using legal norms contained in legislation and judicial decisions. The data obtained then analyzed using qualitative analysis with inductive thinking method. The result of the research can be concluded that the illegal acts of negligence based on Article 1365 of the Civil Code have been proven but the responsibility for the deeds has not been fulfilled, as evidenced by the several times of mediation but do not get a way out until finally filed a civil suit. At the consideration of the Panel of Judges of the First Level has been appropriate in giving the decision by applying Article 1365 Civil Code and charging Rp 205,000,000 compensation jointly. While the Appeal Decision revokes the decision of the First Tingat Court on the consideration of having to be examined first by the Medical Discipline Honor Board (MKDKI) to determine whether there is a mistake, while Ibrahim Blegur requires accountability based on unlawful acts based on Article 1365 of the Civil Code. Based on the jurisprudence of the Supreme Court of the Republic of Indonesia No: 957 K/Pdt/2006 no MKDKI's decision is required to determine whether there is any legal action in medical error and the victim is compensated. In this case it is appropriate that Ibrahim Blegur be compensated for the death of his son caused by negligence and inadequacy, then the Court Decision of the First Level is more appropriate and fulfills the sense of justice

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