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Doctors challenge Medical Practice Law for legal protection
The Indonesian Doctors Union (DIB) filed a judicial petition against the 2004 Medical Practice Law at the Constitutional Court on Wednesday, after three physicians were jailed for causing the death of a patient last year
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he Indonesian Doctors Union (DIB) filed a judicial petition against the 2004 Medical Practice Law at the Constitutional Court on Wednesday, after three physicians were jailed for causing the death of a patient last year.
DIB said it wanted the court to review the law's Article 66 paragraph 3, as it entailed a wide interpretation of alleged malpractices that might lead to legal uncertainty for the profession and create fears among doctors whenever they conducted any medical practice.
The paragraph said: 'Complaints according to paragraph [1] and [2] do not eliminate the right of every person to report alleged criminal acts to the authorities and/or file civil lawsuits with the court.'
'Medical action or practices that can be brought to the court should only be limited to two conditions; when the action contains intention or dolus or opzet and when the action carries real or serious negligence or culpa lata,' DIB spokesman Agung Sapta Adi said.
The petition was filed by Eva Sri Diana, Agung Sapta Adi, Yadi Permana and Irwan Kreshnamurti.
He said the actions should be first proven in the Indonesian Medical Disciplinary Honorary Council (MKDKI) court.
'Apart from those two kinds of actions, it's not appropriate to make doctor's actions objects of criminal acts,' he added.
He mentioned examples of actions carrying intentions, such as stopping pregnancies not in line with the law and regulations, while serious negligence included doctors leaving medical equipment inside patients' bodies after surgery.
In addition, he said if doctors were found guilty by the MKDKI, they would face severe punishments, like the annulment of their Practice Permit (SIP) or Register Permit (STR), either temporarily or permanently.
Thus, DIB wanted the court to revise the paragraph as it would only further criminalize the profession.
'The conditions worsened when the Supreme Court sentenced three doctors to 10 months in prison for medical services they provided to patients,' Agung continued.
In November last year, obstetrician-gynecologist Dewa Ayu Sasiary Prawani, Hendry Simanjuntak and Hendy Siagian were put behind bars as a result of a Supreme Court ruling.
The three were deemed responsible for the death of Julia Fransiska Makatey in 2010 due to a heart embolism during a Caesarean section at Kandou Hospital in Manado, North Sulawesi.
In the case, prosecutors demanded 10 months' imprisonment for the three doctors. However, the Manado District Court acquitted the defendants on all charges.
The prosecutors then appealed to the Supreme Court and the latter ruled that the defendants be imprisoned for 10 months for violating Article 359 of the Criminal Code for negligence resulting in death.
The article carries a maximum sentence of five-years' imprisonment.
Doctors across the country, especially the Indonesian Obstetrics and Gynecologists Association (POGI), took to the streets in protest of what they said was the criminalization of their profession.
Some hospitals such as Bunda Maternity Hospital (RSIA) in Menteng, Central Jakarta, closed their operations for a day in support of their doctor colleagues.
