Comparative analysis of malpractice by midwives in the Americas and Indonesia
DOI:
https://doi.org/10.53402/ajls.v1i1.63Keywords:
Midwife profession, factors causing the criminal act of malpractice, liability for the criminal act of malpracticeAbstract
Midwife is a profession, so in its implementation in addition to basing on service standards set by laws and regulations, it must also be subject to a code of ethics established by professional organizations (Article 24 paragraph Idan i2 of the health law). So that a midwife as one of the health workers must not only be responsible to the community based on laws and regulations, but also human rights are responsible to professional organizations (midwifery) on the basis of the midwife's code of ethics. Responsibilities based on the government-invitation regulations as legal responsibilities can be divided into 3 aspects, namely, aspects of civil law, aspects of criminal law and aspects of administrative law. This thesis raises the issue of how criminal liability for malpractice committed by midwives and what efforts can be made to prevent malpractice from occurring by midwives. The accountability of the criminal act of malpractice is currently an important highlight because the rule of law that regulates it is still vague. This is because the regulation regarding the qualifications of malpractice acts is not clearly stated in the rule of law, this act of malpractice cannot be seen from one scientific point of view alone, but in terms of legal science as well. Malpractice contains criminal and civil elements, this should be considered so that each party does not give their own interpretation according to their respective sciences. The factors causing this criminal act of malpractice are still confusing. On the one hand, the perpetrator of malpractice cannot be blamed considering that his actions were done to solve a problem but his actions do not guarantee the completion of the problem. That Law number 36 of 2009 concerning health is not sufficient to regulate the crime of malpractice, in the Criminal Code it is also not found about the qualifications of malpractice acts that are found only qualifications due to the act of malpractice. For this reason, according to the author, the regulation regarding the criminal act of malpractice must be in good form in terms of the quanaification of malpractice acts, the consequences of malpractice acts and the accountability of the perpetrators of malpractice crimes.