Abstract
This book chapter examines how medical liability is regulated in the Indonesian legal civil system and the regulatory trends of medical liability in Indonesia. Medical liability as an issue is gaining prominence in Indonesia as there are more concerns raised on the need to protect patients’ rights, and the increasing activism of doctors and other health professionals in Indonesia. There was a Dutch influence in the formation and progression of Indonesian medical law in Indonesia in the beginning. Such colonial influence began to diminish in the 1990s in medical law as evidenced in the usage of code of ethics for medical professionals and increasing regulations on the protection of patients’ rights by the Ministry of Health. The patient-doctor relationship is regulated by the code of ethics. Meanwhile, there is still a strong reference to Indonesian civil code and Indonesian criminal code in verdicts and cases of medical liability in Indonesia, both codes of which were legal transplants during the Dutch colonial administration period. Up to now, Dutch legal terms are still frequently used in the Supreme Court and Constitutional Court in Indonesia in medical liability cases. By investigating various court decisions relevant to medical liability issue in Indonesia and looking into trends of medical liability in health and medical regulations in Indonesia in the past ten years, the book chapter presents substantive findings based on desk research.
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Notes
- 1.
Lindsey and Butt (No Year).
- 2.
Otto and Stoter (2008), p. 55.
- 3.
For further reference the decision can be read at https://putusan3.mahkamahagung.go.id/direktori/putusan/b5fdb2ab95fdcc7cc88d4d73534b642b.
- 4.
For further reference the decision can be read at https://mkri.id/public/content/persidangan/putusan/14_PUU-XII_2014.pdf.
- 5.
Encyclopaedia Brittanica, https://www.britannica.com/topic/respondeat-superior (accessed on 22 September 2020).
- 6.
Rosenbaum (2003).
- 7.
Horty (1964), p. 344.
- 8.
Rosenbaum, Ibid.
- 9.
Ministry of Health Regulation No. 4 Year 2018 on Obligations of Hospitals and Patients https://www.persi.or.id/images/regulasi/permenkes/pmk42018.pdf.
- 10.
Kurniawan (2013), p. 150.
- 11.
- 12.
Ibid. P. 150.
- 13.
Ministry of Health Regulation No. 269 of 2008 on Medical Records is available as follows: http://www.apikes.com/files/permenkes-no-269-tahun-2008.pdf.
- 14.
The Ministry of Health Regulation No. 66 Year 2016 on Safety of Working at Hospital is available as follows: https://www.persi.or.id/images/regulasi/permenkes/pmk662016.pdf.
- 15.
The Ministry of Health Regulation No. 63 Year 2017 on Health Tool Clinical Testing is available as follows: https://www.persi.or.id/images/regulasi/permenkes/pmk632017.pdf.
- 16.
The Ministry of Health Regulation No. 62 Year (2017) on License for Clearance for Health, Diagnostic, Invitro and Household Health Supply is available as follows https://www.perso.or.id/images/regulasi/permenkes/pmk622017.pdf.
- 17.
The Ministry of Health Regulation No. 16 Year 2019 is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk162019.pdf.
- 18.
The Ministry of Health Regulation No. 34 Year 2018 is available as follows http://bppsdmk.kemkes.go.id/web/filesa/peraturan/100.pdf.
- 19.
The Ministry of Health Regulation No. 73 Year 2016 on Pharmaceutical Standard of Service for Pharmacy is available as follows https://www.perso.or.id/images/regulasi/permenkes/pmk732016.pdf.
- 20.
The Ministry of Health Regulation No. 11 Year 2017 on the Safety of Patient is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk202016.pdf.
- 21.
The Ministry of Health Regulation No. 11 Year 2017 on the Safety of Patient is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk112017.pdf.
References
Hanggoro HT (2014) Kontroversi Aborsi (Controversion of Abortion). Historia. Jakarta
Horty JF (1964) The status of the doctrine of charitable immunity in hospital cases. Ohio St. Law J 25(343)
Knottnerus W (1984) California negotiated health care: implications for malpractice liability. San Diego Law Rev 21(2):455–476
Kurniawan RA (2013) Medical risk and negligence against medical malpractice in Indonesia. Perspektif XVIII(3):148–156
Liemena F (1990) Note on informed consent (Suatu Catatan tentang Informed Consent). Varia Peradilan No. 60
Lindsey T, Butt S (No Year) Civil liability for criminal acts at Indonesian Law. Accessed from 04 Sept 2020 https://law.unimelb.edu.au/__data/assets/pdf_file/0009/1546299/CivilLiabilityforCriminalActsatIndonesianLaw2.pdf
Ministry of Health Regulation No. 62 Year 2017 on License for Clearance for Health, Diagnostic, Invitro and Household Health Supply is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk622017.pdf
Murphy EK (1990) Applications of the ‘captain of the ship’ doctrine. AORN J 52(4):863–866
Otto JM (2002) Toward an analytical framework: real legal certainty and its explanatory factors. In: Chen J Li Y, Otto JM (eds) Implementation of law in the People’s Republic of China. The Hague, Kluwer Law International, pp 1–17
Otto JM, Stoter WS (2008) Using legislative theory to improve law and development projects lawmaking for development: explorations into the theory and practice of international legislative projects. In: Rooij BV, Otto JM, Arnscheidt J (eds). Leiden, Leiden University Press, pp 53–74
Rosenbaum S (2003) Medical errors, medical negligence, and professional medical liability reform. Public Health Rep 118(3):272–274
The Ministry of Health Regulation No. 269 of 2008 on Medical Records is available as follows http://www.apikes.com/files/permenkes-no-269-tahun-2008.pdf
The Ministry of Health Regulation No. 66 Year 2016 on Safety of Working at Hospital is available as follows: https://www.persi.or.id/images/regulasi/permenkes/pmk662016.pdf
The Ministry of Health Regulation No. 11 Year 2017 on the Safety of Patient is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk202016.pdf
The Ministry of Health Regulation No. 11 Year 2017 on the Safety of Patient is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk112017.pdf
The Ministry of Health Regulation No. 4 Year 2018 on Obligations of Hospitals and Patients is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk42018.pdf
The Ministry of Health Regulation No. 63 Year 2017 on Health Tool Clinical Testing is available as follows: https://www.persi.or.id/images/regulasi/permenkes/pmk632017.pdf
The Ministry of Health Regulation No. 73 Year 2016 on Pharmaceutical Standard of Service for Pharmacy is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk732016.pdf
The Ministry of Health Regulation No. 16 Year 2019 is available as follows https://www.persi.or.id/images/regulasi/permenkes/pmk162019.pdf
The Ministry of Health Regulation No. 34 Year 2018 is available as follows http://bppsdmk.kemkes.go.id/web/filesa/peraturan/100.pdf
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Purwaningrum, F. (2022). Medical Liability in Indonesia: Overview and Regulatory Trends. In: Raposo, V.L., Beran, R.G. (eds) Medical Liability in Asia and Australasia. Ius Gentium: Comparative Perspectives on Law and Justice, vol 94. Springer, Singapore. https://doi.org/10.1007/978-981-16-4855-7_6
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