ANALISIS YURIDIS TINDAK PIDANA MALPRAKTIK MEDIS DI SEKTOR ESTETIKA (STUDI PUTUSAN KASASI NOMOR 233 K/PID.SUS/2021)

Abstract

This study aims to analyze the judges’ legal considerations in cassation decision No. 233 K/Pid.Sus/2021 in relation to professional standards for physicians, standard operating procedures (SOPs), and informed consent, as well as to analyze the legal consequences arising for the physician as the defendant. This study employs a normative legal research. The findings of the study indicate that the Supreme Court found the defendant to have violated professional standards, standard operating procedures, and the obligation to obtain informed consent, and consequently sentenced him to two months’ imprisonment. However, based on a legal analysis of healthcare law, the assessment of a doctor’s error should not be based solely on the resulting consequences but should also consider the professional process, the doctor’s competence, the medical risks inherent in aesthetic procedures, and the evaluation mechanisms of professional disciplinary bodies. This study also found that the legal consequences for doctors extend beyond imprisonment to include impacts on legal status, practice licenses, professional careers, reputation, and public trust. Therefore, the resolution of alleged medical malpractice should prioritize ethical and professional disciplinary mechanisms, as well as civil mechanisms, before resorting to criminal mechanisms.