PENERAPAN PIDANA PADA KASUS MALPRAKTEK MEDIK DALAM PERSALINAN (Putusan Mahkamah Agung No.455 K/PID/2010/PT.BNA)
Abstract: Medical malpractice
is regulated in Act No.36 in 2009 about health in particular on article 190 as
well as regulated in Article 359, and section 360 of the CRIMINAL CODE, such as
one case of medical malpractice that occurred in Banda Aceh that involves an
obstetrician whose initials TWM which because of negligence in dealing with
labor against the victim that the initials RY resulted in casualties were
heavy, the problems raised in this study is : 1. How is the application of the
criminal case against medical malpractice in childbirth (Supreme Court Ruling
No. 455 K/PID/2010/PT. BNA) 2. How does the consideration of judges in applying
criminal on medical malpractice in childbirth (Supreme Court Ruling No. 455
K/PID/2010/PT. BNA). In this study the author uses legal normative, approach by
examining the ruling of the Supreme Court (No. 455 K/PID/2010/PT. BNA), legal
Materials are collected in the study document, the data source with the data of
the secondary data analysis with kualitattif. Summary: 1). The application of
the criminal verdict in this case nonetheless accused MA of criminal punishment
with imprisonment for 6 (six) months, 2). The judge's consideration in dropping
a verdict to the accused had been very precise, realistic and in accordance
with the facts of the law, as well as the presence of corroborating evidence
that the defendant was lawfully convicted
Penulis: Irwan Marzuki
Kode Jurnal: jphukumdd170144
