TY  - JOUR
T1  - The Implementation of Civil Law on Doctor-Patient Relationships in Indonesia
AU - Istiadjid Eddy Santoso, Mochammad AU - Djatmika, Prija AU - Sugiri, Bambang AU - , Suhariningsih 
JO  - The Social Sciences
VL  - 12
IS  - 12
SP  - 2236
EP  - 2243
PY  - 2017
DA  - 2001/08/19
SN  - 1818-5800
DO  - sscience.2017.2236.2243
UR  - https://makhillpublications.co/view-article.php?doi=sscience.2017.2236.2243
KW  - Civil law
KW  -doctor-patient relationships
KW  -liability law
KW  -MKDKI
KW  -protection
KW  -institutions
AB  - This research aims to identify and analyze the meaning of medical practices in the perspective of
human rights; to know and analyze the legal relationship between doctor and patient and to know and analyze
the implementation of the articles of the Indonesian civil code in the doctor-patient relationship. This research
uses normative legal research because this research is focusing on assessment of the legal provisions
(normative) relating to health, complemented with assessment of medical malpractice cases widely discussed
in the media lately. The medical practice is a series of activities performed by a doctor to a patient in carrying
out health efforts. Medical practice carried out based on Pancasila and based on the value of scientific, benefit,
justice, humanity, balance and the protection and safety of patients. Responsibility under civil law in the
medical services appear in the form of liability based on breach of contract (violation of Article 1320 of the Civil
Code) and liability based on tort (Article 1365 and 1366 of the Civil Code). Liability based on tort, based on
responsibility by mistake (liability based on fault). Therefore, it can be directed at any person who commits an
unlawful act that causes damage to the other person. Using the principle of reversed proof that the perpetrator
may submit things that could prove his innocence. The necessity to change the mindset of the public to choose
to pursue the process of civil rather than criminal proceedings. MKDKI (Majelis Kehormatan Disiplin
Kedokteran Indonesia-Honorary Council of Indonesian Medical Disciplinary) empowerment as an institution
to resolve malpractice liability against the doctor.
ER  -