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

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.