Law and Medical Disciplinary Sanctions: Enhancing Medical Practice and Health Quality in Indonesia

By Tegnan, Hilaire | Journal of Legal, Ethical and Regulatory Issues, January 1, 2018 | Go to article overview

Law and Medical Disciplinary Sanctions: Enhancing Medical Practice and Health Quality in Indonesia


Tegnan, Hilaire, Journal of Legal, Ethical and Regulatory Issues


INTRODUCTION

Article 66 section 1 of Law No. 29/2004 on Medical Practice stipulates that "any person who suffered prejudice as the result of the action of a physician in carrying out medical practice may file written complain to the Chairman of the Indonesian Honorary Council of Medical Discipline. "

Anyone can make mistakes, exercise poor judgment, or commit criminal offenses or various other indiscretions. Physicians, by virtue of the responsibility assigned to the medical profession, are held to a higher standard than the average person. When a doctor causes harm, either inadvertently or intentionally, criminal charges may apply for violations of the law and civil suits are options for individuals who allege malpractice. The norms and standards to be followed by doctors and dentists in carrying out their duties are set in article 55 sections 1 of Law No. 29/2004 on Medical Practice. This law is furthered by the Medical Practice Law, Government Regulation, Minister of Health Regulation, Indonesian Medical Council Regulation, Provisions and Guidelines of Profession Organization, Professional Code of Ethics as well as general practice in the field of medicine and dentistry. This set of provisions shows how important the protection of the Indonesian people and the maintenance of a high level of medical professionalism are to the Indonesian government. Government intervention can be justified by the fact that medical training generally lacks standards and is improperly oriented toward profits. This influential governmental interference has resulted in the establishment of the disciplinary council to require the licensing of physicians as opposed to merely accepting diplomas as prima facie evidence of competency.1 The violation of discipline can be grouped into three categories, namely: medical practice with incompetence, improper implementation of the task and professional responsibilities for the patient, and reprehensible behaviour that undermines the dignity and honour of the medical profession. Medical errors and quality improvement have continued as key concerns in medicine during the past decade. Disruptive conduct has been repeatedly cited as an enemy of quality improvement and a cause of medical errors. Disruptive practitioner behaviour is resulting in compromised patient care in hospitals throughout the country, despite laws and accrediting agency standards to address such behaviour. However, despite the existence of laws and disciplinary sanctions, the issue of medical malpractice continues to jeopardize medical and dental professions. This article seeks to fill this gap in the literature, paying attention to medical licensing restriction politics in Indonesia.

RESEARCH METHOD

This is socio-legal research on medical malpractice in Indonesia. The study relies on the case study method, looking at two professions in depth i.e., Medicine and Dentistry. The examination draws upon the punishment of medical malpractice as an offence in the Indonesian criminal justice system. The study performed a considerable analysis of 287 cases of medical malpractice presented to both the Indonesian Honorary Council of Medical Discipline and the Honorary Council of Medical Ethics from 2015 to 2017. The research process included a detailed review of the case while relevant laws and regulations and other data where recorded. Simple descriptive statistical analysis, cross-tabs analysis, ANOVA and logistic regression analysis was applied to uncover information relevant to the research.

The Role and Authority of the Indonesian Honorary Council of Medical Discipline

Indonesian Medical Disciplinary Board is an autonomous institution that is authorized to receive complaints of alleged violations of discipline, examines complaints and hands down sanctions. MKDKI is not a mediating institution, in the context of mediation of dispute settlement, but rather is a state institution authorized to impose disciplinary sanction on doctors and dentists guilty of medical malpractice or misconduct. …

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