TY  - JOUR
T1  - Legal Position of Medical Malpractice in Indonesia
AU - Shariff, Ahmad `Azam bin Mohd AU - Zahir, Mohd Zamre Mohd AU - Rajamanickam, Ramalinggam AU - Zainudin, Tengku Noor Azira Binti Tengku AU - Khairunnisa, Cut AU - Hatta, Muhammad 
JO  - The Social Sciences
VL  - 12
IS  - 8
SP  - 1473
EP  - 1481
PY  - 2017
DA  - 2001/08/19
SN  - 1818-5800
DO  - sscience.2017.1473.1481
UR  - https://makhillpublications.co/view-article.php?doi=sscience.2017.1473.1481
KW  - determine
KW  -Legal position
KW  -medical malpractice
KW  -Indonesia
KW  -pertaining
AB  - Medical malpractice can take form in several different ways. For instance, a mistake in diagnosis, a
wrong prescription, failure to provide medical care and surgical failure both intentionally and unintentionally
are all forms of medical malpractice. It can happen and is in fact happening all over the world, affecting the
medical fraternity and also patients. In Indonesia, there are two statutes that are supposed to govern all medical
malpractice cases. They are Act No. 36 year 2009 and 2004. However, it is submitted that there is no legal
definition of malpractice to be found in both acts. Therefore, the Criminal Code and Civil Code are resorted to
in order to resolve cases of medical malpractice. It is the aim of this study to give an overview of what is meant
by medical malpractice in Indonesia. The writers will also identify the relevant laws pertaining to medical
malpractice in the country and in so doing determine whether the laws are adequate to solve medical malpractice
cases.
ER  -