уголовное право

Agung Abdul Rahman Wiyono, Nando Dwi Kurniawan, Azis Setyagama. A legal review of civil liability in malpractice cases in Indonesia

Medical malpractice is a complex legal issue involving aspects of criminal law, civil law and medical ethics. Medical malpractice cases often result in both physical and psychological harm to patients, thus demanding legal accountability from medical personnel. This study aims to analyse the forms of civil liability in medical malpractice cases and the obstacles to law enforcement. The research method used is a normative juridical method with a statutory and conceptual approach. The results show that civil liability focuses more on the existence of unlawful acts or breaches of contract that cause harm to patients. Law enforcement in medical malpractice cases still faces obstacles in obtaining evidence and differing views between the legal and medical professions.

Azis Setyagama, Totok Sugiarto. The role of Visum et Repertum in murder investigation of Indonesia’s criminal procedure system

Criminal acts are very detrimental to society and often the perpetrators of these offenses cannot be revealed, so that lawbreakers avoid punishment. There are many factors that must be met in uncovering a crime, but there will still be murders that are not caught red-handed. To solve crimes in these instances it is used Visum et Repertum procedure, that is carried out by forensic doctors. This procedure is very decisive as the only written statement made by a forensic doctor which contains evidence of the felon’s guilt. Present paper is a normative legal research studying the provisions of laws and regulations in the Indonesian criminal law. The authors specifically analyse in depth Article 184 of the Criminal Procedure Code, which is about evidence as an effort to uncover a crime.