LEGAL LIABILITY OF THE DOCTOR IN CARRYING OUT MEDICAL ACTIONS WITHOUT MEDICAL INDICATIONS IN TERMS OF THE DOCTOR^S OBLIGATIONS ACCORDING TO THE LAW OF THE R.I. NO. 29 OF 2004 CONCERNING PRACTICE OF MEDICINE ARTICLE 51 Sophan Y.Warnasouda (a), Nandang Sambas(b), M.Faiz Mufidi (b), Chepi Ali Firman Z(b), Hadi Susiarno (c)
(a) Fak.Kedokteran, Universitas Pasundan,Bandung.
(b) Fak.Hukum, Universitas Islam Bandung.
(c) Fak.Kedokteran, Universitas Padjadjaran, Bandung.
Abstract
Medical indication is condition characterized by physical damage and/or disruption of normal function of an organ.In today^s phenomenon, many doctors perform medical actions that are not based on medical indications. Based on the 2004 medical practice law Article 51 that medical actions must be in accordance with the patient^s medical need. if they violate, they will be punished. This study is how the functions of medical indications in medical actions and how is the legal liabilities of doctors who perform medical actions without medical indications which related to the obligations of doctors and the law of medical practice ?
Research methods using normative juridical.
Conclusions : Function of medical indications is a guideline and condition of whether or not to carry out medical actions for doctors in accordance with their obligations and medical practice law. Legal liability of a doctor who violates these regulations can be prosecuted legally.
Keywords: medical actions , medical indication, doctor^s liability.
Topic: Law and Ethics in Terms of Islamic Perspective
