The Institutional Studies of Ethical and Disciplinary Judiciary in the Medical Practice in Indonesia

DOI

10.2991/978-2-38476-164-7_66How to use a DOI?

Keywords

Institutional Studies; Medical Ethics and Disciplinary Judiciary; Medical Practice

Abstract

This study aims to determine, identify, and assess the existing conditions related to the institutional structure of ethical and disciplinary judiciary for medical practice in Indonesia, and the position of ethical and professional discipline verdicts as evidence in the resolution of medical practice cases in Indonesia. This research used normative juridical methods using a combination of the statute approach, conceptual approach, and analytical approach. The research results reveal that the responsibility of doctors and dentists, particularly in regard to patient safety and security, cannot merely be measured by legal standards but should also be assessed through medical culture from moral and ethical perspectives. In order to oversee the process of nurturing and enforcing medical professional ethics and discipline, the Law Number 29 of 2004 on Medical Practice has established the Indonesian Medical Council (KKI), Indonesian Medical Disciplinary Honor Council (MKDKI), the Medical Ethics Honor Council (MKEK), and the Dental Medical Ethics Honor Council (MKEKG). Often, doctors and dentists in the course of providing medical treatment to patients are confronted with legal issues. Medical Professional Standards (SPM), MKDKI decisions, or statements and recommendations provided by doctor and dentist professional organizations can serve as parameters for judges in determining the elements of wrongdoing committed by doctors or dentists. Clarity of regulations regarding the mechanism of evidence in the resolution of medical practice cases is necessary to provide legal protection for doctors and dentists, while also achieving the realization of a professionally conducted medical practice in accordance with the principles of medical discipline.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Luthfi Hafidz Rafsanjani
AU  - Amiek Soemarmi
AU  - Ratna Herawati
AU  - Retno Saraswati
PY  - 2023
DA  - 2023/12/21
TI  - The Institutional Studies of Ethical and Disciplinary Judiciary in the Medical Practice in Indonesia
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 727
EP  - 737
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_66
DO  - 10.2991/978-2-38476-164-7_66
ID  - Rafsanjani2023
ER  -