Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Kartini L Makmur, Robert Sidauruk
The Indonesian Association of Doctors (IKatan Dokter Indonesia/IDI) has recommended the establishment of an ad hoc court for Medical Professional Discipline during discussions on Law No. 29 of 2004 on Medical Practice. Although the Law was passed in 2004, implementing regulations for the realization of the court have not been issued.
According to Rullyanto, Chairman of IDI for the West Java Region, this ad hoc court was intended to facilitate resolution of public grievances related to disputes resulting from actions taken by medical practitioners.
“We initiated such a trial system in 2004, however some of the medical practitioners were not ready for the idea,” Rullyanto said during a national seminar on Medical Dispute Resolution in Bandung on Saturday.
Rullyanto contends that the ad hoc court would bring legal certainty to medical practitioners and patients in regard to medical services. Additionally, the medical court would also prevent the possibility of the criminalization of doctors.
“Patients may seek damages and compensation through the ad hoc court. In contrast, if a dispute is resolved through the Indonesian Medical Disciplinary Board, the patient cannot demand any damages or compensation,” added Rullyanto.
Rullyanto explained that the ad hoc court would suit the adoption of a trial system. Moreover, the establishment of the ad hoc court will “force” law enforcers to have a deeper understanding of medical law and how to apply it in a trial.
On the same occasion, Tammy J. Siarif, Director of Medicine and Nursing at Hasan Sadikin Hospital in Bandung, highlighted a number of reasons that commonly cause disputes between patients and doctors. Besides internal competition among doctors, he believes that the new paradigm of the medical industry that treats patients as commodities for medical commercialization is one cause.
However, Agus Rahim, a medical law expert at Soegijapranata Catholic University, asserted that medical disputes and malpractice must be differentiated. In his view, a medical dispute is not a legal issue but a matter of ethics.
Agus further noted that there is a general misconception within society that losses due to the failure of medical action are always considered malpractice. He continued that malpractice only arises when the medical treatment of a doctor does not meet certain professional standards.
“Hence, losses suffered by a patient as the result of medical risk or a dispute constitute a matter of ethics, not a legal dispute,” explained Agus Rahim.
(hot/kc)
Kartini L Makmur, Robert Sidauruk
The Indonesian Association of Doctors (IKatan Dokter Indonesia/IDI) has recommended the establishment of an ad hoc court for Medical Professional Discipline during discussions on Law No. 29 of 2004 on Medical Practice. Although the Law was passed in 2004, implementing regulations for the realization of the court have not been issued.
According to Rullyanto, Chairman of IDI for the West Java Region, this ad hoc court was intended to facilitate resolution of public grievances related to disputes resulting from actions taken by medical practitioners.
“We initiated such a trial system in 2004, however some of the medical practitioners were not ready for the idea,” Rullyanto said during a national seminar on Medical Dispute Resolution in Bandung on Saturday.
Rullyanto contends that the ad hoc court would bring legal certainty to medical practitioners and patients in regard to medical services. Additionally, the medical court would also prevent the possibility of the criminalization of doctors.
“Patients may seek damages and compensation through the ad hoc court. In contrast, if a dispute is resolved through the Indonesian Medical Disciplinary Board, the patient cannot demand any damages or compensation,” added Rullyanto.
Rullyanto explained that the ad hoc court would suit the adoption of a trial system. Moreover, the establishment of the ad hoc court will “force” law enforcers to have a deeper understanding of medical law and how to apply it in a trial.
On the same occasion, Tammy J. Siarif, Director of Medicine and Nursing at Hasan Sadikin Hospital in Bandung, highlighted a number of reasons that commonly cause disputes between patients and doctors. Besides internal competition among doctors, he believes that the new paradigm of the medical industry that treats patients as commodities for medical commercialization is one cause.
However, Agus Rahim, a medical law expert at Soegijapranata Catholic University, asserted that medical disputes and malpractice must be differentiated. In his view, a medical dispute is not a legal issue but a matter of ethics.
Agus further noted that there is a general misconception within society that losses due to the failure of medical action are always considered malpractice. He continued that malpractice only arises when the medical treatment of a doctor does not meet certain professional standards.
“Hence, losses suffered by a patient as the result of medical risk or a dispute constitute a matter of ethics, not a legal dispute,” explained Agus Rahim.
(hot/kc)