TANGGUNG JAWAB RUMAH SAKIT DAN TENAGA MEDIS RUMAH SAKIT DALAM TINDAK PIDANA MALPRAKTEK (Studi Kasus Malpraktek Terhadap Habibi Di RSUD Nyai Ageng Pinatih)

This study examines how law enforcement of malpractice crimes of medical personnel and hospitals, secondly whether in the case of Habibi there are elements of malpractice criminal acts, third how the legal protection of the patient as a consumer service user in health services in the hospital. This study aims to determine the medical malpractice arrangements in accordance with the Indonesian legal system seen from the legislation. This type of research uses sociological jurisdiction and uses a qualitative approach. The results show that until now Indonesia still does not have a law that regulates medical malpractice. Of the Indonesian legal system not all regulate medical malpractice. The rules are civil law, criminal law, administrative law. Law enforcement is done by seeking opinions to the Ethics Council of Honor of Medicine (MKEK). While the elements of criminal malpractice seen from his actions must contain the nature of the law. The form of legal protection for patients is by way of litigation and non-litigation