KEBIJAKAN HUKUM PIDANA DALAM UPAYA PENANGGULANGAN MALPRAKTIK PROFESI MEDIS
Abstract: Criminal law policy
in essence an attempt to create criminal legislation to fit the circumstances
at a certain time (ius constitutum) and future (ius constituendum). Efforts to
prevent and control crime is not just law enforcement duties, but also the task
forces of law-making (legislative), even this legislative policy is the most
strategic stages of the penal policy, therefore, faults / weaknesses of the
legislative policy is a strategic mistake that a barrier to prevention efforts
and crime prevention at this stage of the application and execution.
From the results of this study concluded that the positive criminal law
in Indonesia about the malpractices continue to show weakness in mitigation
policy and shows also that the uniform criminal laws in the medical field is
not working properly (Wetboek van Strafrecht, Health Regulations). As a parent
rule of criminal law, Code number 29 of 2004 on the legal practice of Medicine
as a primary rule in the medical field to come up with emphasis on uniformity
and consistency in the formulation of crime, the right and responsibility for
the crime so as to provide a sense of justice for victims and can be a
deterrent effect and also the use of penal mediation as a regional medical
crime constituendum ius in an effort to provide justice for those who become
victims of crime in the medical field. This is related to the development of
criminal law in many countries today, which is using the law of mediation as an
alternative to solve the problems in the field of criminal law.
Penulis: Bambang Tri Bawono
Kode Jurnal: jphukumdd110231
