Perbandingan Undang-Undang Salah Laku Pengamal Perubatan di Indonesia dan Malaysia

It is common to hear claims of negligence against medical practitioners in medical services. The type of negligence would include wrong diagnosis, wrong treatment and failure in carrying out treatment that resulted in patients disability or death. The research question is to what extent the law protects victims of medical practitioners’ negligence? Therefore, the objectives of this study further to analyze the efforts that are made to prevent the occurrence of medical misconduct; to analyze the law that provides protection and deals with victims of medical misconduct and finally to compare the law relating to misconduct of a medical practitioner in Indonesia and Malaysia. This study was a qualitative in nature and using a comparative method. The research was conducted by employing various methods of data collection, including the study of literature, documentation study, observation, interviews and questionnaires. Data were analyzed using content analysis method and t test. The results shows that there are significant differences between Indonesia and Malaysia with Indonesia’s mean X1 3.18 is greater than the mean value of Malaysia 2.56 and the p-Levenes's test (0.00) <Sig-a (0.05) in the case of insufficient time for medical practitioners in performing their duties. For legal protection for victims, there are six parameters that have a sig value <0.05. As for implementation of law, out of seven indicators, six are of significant differences and it means the implementation of law are better in Malaysia than in Indonesia. The Malaysian government is also responsible for the torts committed by a medical practitioner in accordance with section 34 (b) Medical Act 1971 (Act 50). In Indonesia negligence is under the Criminal Law Section 359 and 360 civil law section 1365 and 1239, Majlis Kehormatan Disiplin Kedoktoran Indonesia could only impose disciplinary punishment to medical practitioners if the medical practitioners were found to violate medical ethics, and it will proceed to Majlis Kehomatan Etik Kedoktoran. If there are criminal elements it will be referred to the Court. While in Malaysia, the punishments and fines are meted out by Malaysian Medical Council in accordance with section 34 (b) Medical Act 1971(Act 50).