KEKUATAN KETERANGAN AHLI DALAM PEMBUKTIAN DUGAAN MALPRAKTIK MEDIS

Abstract

ABSTRACT Malpractice is medical practice that is carried out incorrectly or inappropriately, violates the law and the code of medical ethics, this act can be legally accounted for, in proving a criminal act expert testimony is valid evidence as contained in Article 184 Paragraph (1) Criminal Procedure Code. In the criminal case with decision number 1441/Pid.Sus/2019/PN.Mks, the test happened to commit malpractice Article 79 letter c jo. Article 51 letter a of the Medical Practice Law and Article 360 Paragraph (1) of the Criminal Code, the Public Prosecutor demands that the criminal defense attorney be sentenced to 4 years in prison with a fine of 30,000,000, in this case presenting experts from both general and criminal investigations. Problem formulation: (1) What is the strength of expert testimony in proving allegations of medical malpractice? (2) What is the judge's consideration in reaching a conclusion regarding medical malpractice? This type of research uses a normative juridical approach. The data source is secondary data consisting of primary, secondary and tertiary legal materials. Document study data collection techniques. Data was analyzed qualitatively. Research Results: (1) Expert testimony in proving a criminal act can strengthen the judge's confidence, the information given by the expert becomes a consideration for the judge in making decisions. (2) The judge's considerations in handing down a judge's decision have two considerations, namely juridical and non-juridical considerations. .