PERTIMBANGAN HAKIM DALAM PEMIDANAAN TERHADAP BIDAN YANG MELAKUKAN KELALAIAN MENYEBABKAN MATINYA ORANG (Putusan Nomor 536/PID.B.2010.PN.PDG)
Abstract: In health services
in the community, the midwife is authorized by the state in accordance with a
given service area. The regulatory authority based Menkes RI.Nomor 900 / Menkes
ISK / VII / 2002 concerning the Registration and Practice Midwives. In an
effort childbirth are very rare or even almost no health worker (midwife) who
deliberately make mistakes on patients. In the event of death, disability or
circumstance is alleged or suspected because of errors midwife, the most
important thing is to prove the existence of a lack of great caution in an
effort to cure. Issues raised in this study were 1) Does the basic consideration
in decisions sentencing judge to midwives who perform negligence causing the
death of people in Decision No. 536 / PID.B.2010.PN.PDG 2) How the criminal
responsibility of a midwife on the crime of negligence which caused the death
of people in Decision No. 536 / PID.B.2010.PN.PDG. This study uses normative
legal approach. This study examines the Decision No. 536 / PID.B.2010.PN.PDG.
Data collection techniques done by the study of documents and qualitative data
analysis. From the research concluded: (1) The judge uses two kinds of
considerations that judicial and non-judicial considerations. (2) The form of
criminal liability midwives who perform the negligence caused the death of the
Decision No. 536 / PID.B.2010.PN.PDG, as follows: for the first defendant
sentenced to 1 year imprisonment sanctions, and accused the three sanctioned
imprisonment of 8 months.
Penulis: Shintha Angraeny,
Uning Pratimaratri, Syafridatati
Kode Jurnal: jphukumdd151281
