Model of Criminal Case Settlement of Doctor Malpractice Based on the Value of Local Wisdom

Abstract

Introduction:Recently, the malpractice problem in medical service has been widely talked about in the society of different groups of people, which often leads to the criminalization of doctors. Purpose ofResearch: This research aims to acknowledge and analyze the formulation of malpractice criminal act regulation in the criminal law system in Indonesia and the model of criminal case settlement of doctor malpractice based on the value of local wisdom in Mojokparak village. Research Methodology: This research was conducted in Mojokparak Village with qualitative methods and research specifications on legal pluralism. Discussion: The criminal provisions for doctor malpractice are regulated in Article 190 of Law Number 36 Year 2009 concerning Health. Articles in the Criminal Code that are relevant to criminal liability related to medical malpractice are Articles 359, 360, and 361. Mojokparak village is dependable on Islamic values that are developed through Islamic boarding school.In this regard, the normative values of religion in the Islamic boarding school community cannot be separated from the discourse and practical movements of daily life, especially in the settlement of doctor malpractice criminal cases. The settlement of that case is done by the value of deliberation and consensus to find real justice.