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 thesociety of different groups of people, which often leads to the criminalization of doctors.Purpose of Research: This research aims to acknowledge and analyze the formulation of malpracticecriminal act regulation in the criminal law system in Indonesia and the model of criminal case settlement ofdoctor malpractice based on the value of local wisdom in Mojokparak village.Research Methodology: This research was conducted in Mojokparak Village with qualitative methods andresearch specifications on legal pluralism.Discussion: The criminal provisions for doctor malpractice are regulated in Article 190 of Law Number 36Year 2009 concerning Health. Articles in the Criminal Code that are relevant to criminal liability related tomedical malpractice are Articles 359, 360, and 361. Mojokparak village is dependable on Islamic values thatare developed through Islamic boarding school. In this regard, the normative values of religion in the Islamicboarding 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 thevalue of deliberation and consensus to find real justice.