PENEGAKAN HUKUM TERHADAP TINDAKAN MALPRAKTEK DI BIDANG PELAYANAN KESEHATAN

Increasing public awareness of their rights resulting in malpractice cases is now much talked about and go to court. A sense of public trust in medical care systems in health care facilities began to fade due to relief efforts that do not all health personnel in accordance with the wishes of patients and frequent errors that can lead to a crime. Law enforcement conducted law enforcement officials regarding violations committed by the physician or other health workers have difficulty in terms of level of understanding between the breach of ethics and legal violations which raised doubts in upholding the law. This is what will be discussed by the author in a thesis presented two problems: first, concerning the enforcement of the act of malpractice in the field of health care and second, the inhibiting factors in law enforcement malpractice action. The purpose of this research is to understand the law enforcement against malpractice actions in the field of health services and to determine the inhibiting factors in law enforcement action such malpractice. The method used is by normative legal research that focuses on the norms and secondary data as primary data. Data was collected through literature and interviews with sources. Analysis of data using qualitative analysis and the method of deductive thinking. Based on the results of research and discussion, it can be concluded that enforcement of laws against malpractice actions in the field of health care have the same procedure with criminal acts in general, may be subject to criminal prosecution under the laws and regulations. Doctors and hospitals who commits an offense can be held accountable and can be processed in accordance with the provisions of law as well as processed through the judicial profession. Inhibiting factors in law enforcement most major malpractice action regarding expert witnesses are not objective and tend to defend his contemporaries. Advice can be given is for the patient in order to follow a variety of legal and health counseling, is also expected law enforcement officials and doctors to follow the extension is so that there is overwhelming agreement in handling malpractice cases