THE CURRENT DEVELOPMENT OF THE MEDICAL MALPRACTICE LAW IN INDONESIA
Abstract
The law relating to medical malpractice in Indonesia develops rapidly in the last two
decades. Started from the Medical Practice Act 2004 and continued with some other
legislations. The Medical Practice Act 2004 does not directly touch the medical
malpractice issue actually. However, every discussion on medical malpractice law in
Indonesia must consider the mentioned Act. The Act introduces the mechanism of
disciplinary accountability for doctors through the Medical Disciplinary Tribunal
(MKDKI), an independent organ under the Indonesian Medical Council (KKI). The
latest progress was the enactment of the Health Professional Act 2014. This Act
promotes ADR methods for resolving disputes arising in health service in one side,
however it, in the other side, also strengthens criminal liability for particular forms
of medical negligence. It seems that the development of the Indonesian medical
malpractice law got influences from other countries. This paper aims at exploring
the current development of the Medical Malpractice Law in Indonesia and
identifying the external influences on it.