PEMBUKTIAN TERHADAP TINDAK PIDANA PRAKTIK KEDOKTERAN ILEGAL ( Putusan Nomor 450/Pid.Sus/2020/PN Jkt.Utr)

Abstract

Medical practice is a series of activities carried out by a medical professional on patients who need help which aims to save and can be legally accounted for, which is regulated in Law of the Republic of Indonesia Number 29 of 2004 concerning Medical Practice. One example of a medical practice case is Decision Number 450/Pid.Sus/2020/PN Jkt.Utr which deals with the illegal medical practice of Indonesia. The problems studied in this thesis are: (1) How is the evidence for the criminal act of illegal medical practice based on decision Number 450/Pid.Sus/2020/PN Jkt.Utr (2) How is the judge's consideration based on decision Number 450/Pid.Sus/ 2020/PN Jkt.Utr against the criminal act of illegal medical practice?. This research uses a normative juridical legal approach. Normative juridical research only examines secondary data in the form of court decisions. Data was collected by document study. Data was analyzed qualitatively. Based on the research, it can be concluded that: (1) Proof of criminal acts of illegal medical practices in court is negative, namely based on evidence from witness statements, expert statements and defendant statements, with the addition of the judge's confidence. (2) The judge is deemed to have appropriately considered the fulfillment of the criminal elements both juridically and non-judicially.