TY  - JOUR
T1  - Civil Liability in Medical Practice in Indonesia
AU - Istiadjid Eddy Santoso, Mochammad AU - Djatmika, Prija AU - Sugiri, Bambang AU - , Suhariningsih 
JO  - The Social Sciences
VL  - 15
IS  - 3
SP  - 142
EP  - 148
PY  - 2020
DA  - 2001/08/19
SN  - 1818-5800
DO  - sscience.2020.142.148
UR  - https://makhillpublications.co/view-article.php?doi=sscience.2020.142.148
KW  - Liability
KW  -breach of contract
KW  -tort
KW  -reversed evidence
KW  -Indonesia
AB  - The objectives of this research were to analyze,
explore and investigate the civil liability applied in
medical malpractices for doctors in Indonesia. This study
employed the normative legal research method. The
analysis showed that criminal settlement was considered
unfavorable for patients who became the“victims” of
medical malpractice cases, moreover when the cases were
categorized unintentional and which administratively
fulfilled the complete requirements (having Medical
License) and which patients had been informed about the
medical consents). Even if the doctor was sentenced to
prison, patients would not have received any benefit at all,
except a sense of satisfaction or dissatisfaction after
taking the revenge, even though the doctor error or
malpractices were accidental or unintentional. Civil
judicial which adjudicates the dispute between doctor and
patient, the reverse the burden of proof system is applied
in which doctors are required to prove his innocence. In
conclusion, legal responsibility seen from the context of
civil law in medical services appears in the form of
liability based on breach of contract and liability based on
tort. Based on the principles of reversed evidence,
offenders are allowed to do actions that could prove his
innocence. It is important that people change their
mindset to choose undergoing the civil law procedure
over criminal law procedure in dealing with medical
malpractice cases. It is necessary to empower the Majelis
Kehormatan Disiplin Kedokteran Indonesia (Honorary
Council of Indonesian Medical Disciplinary): as an
institution that holds the responsibility in resolving
doctor’s liability towards medical malpractice.
ER  -