PENERAPAN PIDANA TERHADAP DOKTER YANG MELAKUKAN ASUSILA DALAM PRAKTIK KEDOKTERAN (STUDI PUTUSAN NOMOR 669/Pid.Sus/2025/PN Bdg )

Abstract

Immoral acts committed by a doctor against a patient constitute a serious violation of medical ethics as well as a criminal offense under Article 6 letter c in conjunction with Article 15 paragraph (1) letters b, e, and j in conjunction with Article 16 paragraph (1) of the Law on Sexual Violence Crimes, which provides that perpetrators may be sentenced to a maximum of 12 years of imprisonment and a fine of Rp300,000,000. This is reflected in Decision Number 669/Pid.Sus/2025/PN Bdg, in which the court imposed a sentence of 11 years of imprisonment, a fine of Rp100,000,000, and restitution of Rp137,827,000 on the perpetrator. The problems examined in this research are: (1) how the judge considers cases involving doctors who commit immoral acts in medical practice, and (2) how criminal sanctions are applied to doctors who commit immoral acts in medical practice. This research uses a normative juridical method with secondary data sources consisting of primary, secondary, and tertiary legal materials. Data were collected through document study and analyzed qualitatively. The results of the research show that the judge’s juridical considerations were based on legally valid evidence, including the victim’s testimony, anesthetic drugs as physical evidence, expert DNA testimony, and CCTV recordings. Meanwhile, non-juridical considerations emphasized the defendant’s professional status as a resident doctor, the repeated acts committed against three victims, and the concurrence of criminal acts (samenloop) under Article 15 of the Law on Sexual Violence Crimes. The criminal sanctions imposed were 11 years of imprisonment, a fine of Rp100,000,000, restitution amounting to Rp137,827,000, and the suspension of the perpetrator’s residency program (PPDS) by the Faculty. The judge imposed a sentence below the maximum penalty stipulated in the Law on Sexual Violence Crimes.