UNAIR Faculty of Law, MKDKI, and KKI Collaborate to Strengthen Health Law and the Doctor Profession
The area of law and medicine are closely related. Medical law is essential to health law regulating the relationship between doctors and patients. The issue of doctors’ liability in Indonesia, both in the civil and criminal fields, has begun to be widely discussed among legal practitioners and academics. Medical law in Indonesia must be a consensus between legal and medical experts.
To support a harmony between the fields of law and medicine, the Faculty of Law, Universitas Airlangga (FH UNAIR) held a collaborative meeting with the Indonesian Disciplinary Honorary Council (MKDI) and the Indonesian Medical Council (KKI). MKDI is an institution that has the authority to determine whether doctors or dentists make errors in the application of medical and dental disciplines and determines sanctions. At the same time, KKI is a body with the function and task of carrying out the registration, ratifying of professional education standards, and carrying out training, for practicing doctors and dentists.
The meeting was held on Monday (20/2/2023) in the Faculty Club Room, Building A FH UNAIR. Dean of FH UNAIR, Iman Prihandono, P.hD, welcomed MKDKI and KKI representatives along with the Dean of FH UNAIR consisting of Dr. Enny Narwati (Vice Dean I) and Dr. Maradona (Deputy Dean III). Apart from the Dean, there were also Kukuh Leksono (Secretary of FH UNAIR), Taufik Rachman, Ph.D. (Head of the Department of Law), Prof. Agus Yudha Hernoko (Head of UNAIR FH Doctoral Study Program), Indrawati, LL.M (Head of Administrative Law Department), Dr. Rr. Herini Siti Aisyah (Lecturer in Administrative Law), Riza Alifianto (Head of the Criminal Law Department), Dr. Astutik and Sapta Aprilianto, LL.M (Lecturer of Criminal Law).
Meanwhile, MKDKI was represented by Dr. Prasetyo Edi, Sp.B (Chairman), Dr. Sudarto, S.H. M.Kn., M.H. (Deputy Chairman), Wisnu, S.H. M.Hum (Registrar), and Dr. dr. Saleh Al Mohdar, Sp.Dr. Putu Moda Arsana, Sp, represented BS, S.H., M.H. (Members), and KKI.PD-KEMD FINASIM (Chairman), Dr. Imran Agus Nurali Sp.KO (Secretary), Maritania S.H., M.H. (Head of the Legal Service Work Team), and Oni Submarwati S.Sos., M.Sc (Head of the Development Work Team).
The meeting resulted in collaboration between FH UNAIR, MKDKI, and KKI in research, discussions, and academic papers. In addition, they also discussed the nature of the MKDKI and KKI and the position of the MKDKI Decision as evidenced in the Criminal Procedure and Civil Procedure Code. The problems MKDKI and KKI are related to the ‘rules of the game’ of procedural law in MKDI and KKI, which are urgently needed.
According to Dr. Astutik, the MKDKI decision is critical in proving an error and negligence because MKDKI has the competence to determine whether a doctor who is being processed in a case violates scientific discipline or ethics. The KKI Decision regarding the MKDKI Decision, which can be used as evidence, is an advancement in medical law. However, Indrawati emphasized that not all MKDKI Decisions are State Administrative Decisions (KTUN). Therefore, according to him, the legitimacy of MKDKI’s actions needs further analysis. Dr. Herini added that MKDKI and KKI are institutions related to administrative efforts, so the sanctions given are the domain of the State Administrative Court (PTUN).
There are around 300 MKDKI Decisions that can be used as material for Tri Dharma collaboration between higher education institutions and various study centers. The MKDKI representative said there was a need for a study on the MKDKI Decision with the study center at FH UNAIR to build a paradigm that is linear and has the potential to be expanded. MKDKI is willing to partner in Tri Dharma activities with FH UNAIR. For this reason, the Dean of FH UNAIR proposed extensive training collaboration with the Supreme Court Education and Training Agency, the Attorney General’s Office, and the National Police. In addition, the Dean of FH UNAIR also proposed a review of the formation of Supreme Court Regulations, Prosecutor’s Regulations, and POLRI Regulations.