Responsibility for Negligence of Medical Personnel Against Patients in the Perspective of the Ius Constituendum

Muhammad Ebtawan, Muhammad Basir-Cyio and Sulbadana
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Muhammad Ebtawan: Student of Doctoral Program of Social Sciences Study Program, Postgraduate Tadulako University
Muhammad Basir-Cyio: Lecturer of the Doctoral Program of the Social Sciences Study Program, Postgraduate Tadulako Universitas University, Indonesia
Sulbadana: Lecturer of the Doctoral Program of the Social Sciences Study Program, Postgraduate Tadulako Universitas University, Indonesia

International Journal of Research and Innovation in Social Science, 2023, vol. 7, issue 1, 1463-1471

Abstract: The field of health services, when connected with the concepts of social sciences and law, is of course very closely related, where service to the community is inherent in the identity of a doctor as a medical worker who generates great trust from the community. Of course, the social relationship between doctors as medical personnel and the community as patients is very close. The problem raised in this dissertation is that there is a social relationship between doctors and patients, and doctors have a sizable responsibility in providing services to the community where every medical staff is expected to work in accordance with the provisions and rules of Standard Operating Procedures (SOP). There is no mistake that cannot be punished or there is no difference in the eyes of the law (Equality before the law) so that on this basis the law must be able to see the extent of legal responsibility (mensrea) for the services of a doctor to a patient who should be suspected of having committed an unlawful act (actus reus). Renewal of state law by referring to the values ​​contained in Pancasila is one of the elements to carry out legal policies in the health aspect between doctors and patients where currently there are still imbalances and differences both in terms of protecting from wrong action or negligence or in terms of justice. This imbalance gave birth to the idea of ​​restorative justice.

Date: 2023
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