PERTIMBANGAN HAKIM DALAM PEMIDANAAN TERHADAP BIDAN YANG MELAKUKAN KELALAIAN MENYEBABKAN MATINYA ORANG (Putusan Nomor 536/PID.B.2010.PN.PDG)

Abstract

In health services in the community, the midwife is authorized by the state in accordance with a given service area. The regulatory authority based Menkes RI.Nomor 900 / Menkes ISK / VII / 2002 concerning the Registration and Practice Midwives. In an effort childbirth are very rare or even almost no health worker (midwife) who deliberately make mistakes on patients. In the event of death, disability or circumstance is alleged or suspected because of errors midwife, the most important thing is to prove the existence of a lack of great caution in an effort to cure. Issues raised in this study were 1) Does the basic consideration in decisions sentencing judge to midwives who perform negligence causing the death of people in Decision No. 536 / PID.B.2010.PN.PDG 2) How the criminal responsibility of a midwife on the crime of negligence which caused the death of people in Decision No. 536 / PID.B.2010.PN.PDG. This study uses normative legal approach. This study examines the Decision No. 536 / PID.B.2010.PN.PDG. Data collection techniques done by the study of documents and qualitative data analysis. From the research concluded: (1) The judge uses two kinds of considerations that judicial and non-judicial considerations. (2) The form of criminal liability midwives who perform the negligence caused the death of the Decision No. 536 / PID.B.2010.PN.PDG, as follows: for the first defendant sentenced to 1 year imprisonment sanctions, and accused the three sanctioned imprisonment of 8 months. Keywords: Consideration, Criminal Liability, Midwives, Negligence.