The Role of Indonesian Honorary Council of Medical Discipline in Upholding Indonesian Medical Code of Ethics

Abstract

The purpose of this study is to analyze the role of Indonesian Honorary Council of Medical Discipline in upholding the Indonesian medical code of ethics which in carrying out its duties often triggers disputes between doctors and patients or medical disputes. It is normative legal research using the conceptual and statutory approaches. The data are secondary data collected from the literature study. The results of the study show that first, doctors as ordinary people can make mistakes, both professional mistakes and ethical violations. Therefore, the role of the Indonesian Honorary Council of Medical Discipline is needed in enforcing disciplinary law. Second, the relationship between doctor and patients, if constructed, can be classified into two things, namely therapeutic transactions and the law. The therapeutic relationship between patients and doctors is known as a therapeutic relationship or therapeutic transaction. It means there is a bond between the patients and the doctors in terms of treatment or treatment of the disease.

Medicolegal Perspective on Physician-Induced Demand Issue

“…Some laws or organizations regulate and supervise medical practice in Indonesia, such apply administrative sanctions such as withdrawing the medical practice license. These are established organizations that regulate and apply any kinds of sanctions for physicians ideally (Murdi & Supanto, 2019), physician who is suspected crossing the ethical code or even malpractice, should be brought to the medical disciplinary and ethics honorary council to be investigated first whether he is wrong or not, if he proven violates the standard medical procedure then the case would continue to the court. Although many boards supervised physicians, it does not mean that physician is immune to the criminal law.…”

“…The accusation of PID as the leading cause of the increasing demand in healthcare may not seem to acknowledge the existence of legal protection for both patients and doctors. Years ago, doctors were indeed claimed as "God's arm," they are highly respected, and whatever they said or advice, the patients will follow it as they put their trust in doctors (Murdi & Supanto, 2019) (Komalawati, 2018). However, in this digital era where information and data are easy to obtain, patients are getting critical and anxious about malpractice, unnecessary examination, and doctors' negligence.…”