文章基本信息

标题：The Concept of Penal Mediation for the Crime of Medical Negligence in Realizing Legal Protection for Medical Personnel and Patients or Their Families
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作者：Rudy Sapoelete ; Muhadar Muhadar ; Otto Yudianto 等
期刊名称：International Journal of Multicultural and Multireligious Understanding
电子版ISSN：2364-5369
出版年度：2021
卷号：8
期号：2
页码：147-151
DOI：10.18415/ijmmu.v8i2.2406
出版社：International journal of multicultural and multireligious understanding
摘要：The research objective was to determine the form of legal protection for medical personnel and patients or their families for criminal acts of medical negligence and the form of the mediation concept of penalties for medical negligence. This research uses normative juridical legal research, is descriptive analysis, data sources are primary and secondary legal materials. Medical negligence lies between deliberate and coincidence, the crime of medical negligence is not mens rea, culpa offense is a false offense. The concept of penal mediation for the criminal act of medical negligence is to bring together medical personnel with patients or their families directly, changing the perspective of criminal law towards a humanistic criminal law, because the main focus isn’t on retaliation but on efforts to restore and make peace. The concept of penal mediation isn’t intended to maintain discretionary measures by law enforcers but to provide a place for penal mediation for criminal acts of medical negligence in the criminal justice system in realizing legal protection for medical personnel and patients or their families. The concept of penal mediation in realizing legal protection for medical personnel and patients or their families is a reform of criminal law as a reflection of restorative justice that needs to be regulated and by offering conditional norms. Criminal law reform must be carried out by reviewing and reconstructing criminal law in accordance with the social central values and socio-cultural values of the Indonesian people so that Indonesia's criminal law in the future is filled with Pancasila values.