CRIMINAL LIABILITY OF DOCTOR IN INDONESIA (FROM A DIGNIFIED JUSTICE PERSPECTIVE)

In connection with the issue of legal liability of doctor, Indonesian Jurisprudence on medical practice has acknowledged at least three types of doctor’s legal liabilities. The three legal liabilities of doctor are: criminal, civil, and ethical or professional liability. To be consistent with the title of this work, this paper will only focus the discussion of doctor’s criminal liability according to the Indonesian Jurisprudence or the Dignified Justice theory. The perspective or the theory called Dignified Justice is based on one of its very postulate that a legal system or a jurisdiction is regarded as a dignified legal system if its law and legal system is the manifestation of the spirit of its people (Volksgeist). Pancasila is the Volksgeist. Pancasila consists of two Indonesia words, i.e. panca means five and sila means tenet. Pancasila is the Indonesian five tenets. The first tenet of Pancasila is a believed in the One God Almighty; the second is a just and civilized humanity; the third is a unity of Indonesia; the fourth is a people directed by discretion in the representative deliberations; and the fifth is a social justice for all the Indonesian. Indonesian believes that every laws; common or statutory in the Indonesian legal system must have always contained the spirit of Pancasila.