The Application of Article 359 of the Criminal Code in the Investigation of the Death of Post-Operative Patients
Abstract
The incident of the death of three post-operative patients in a line at Mitra Husada Pringsewu hospital, Lampung on April 5, 2016 had emerged the decline of public confidence toward hospitals, both public and private hospitals. The symptoms in the patients’ body before they died were convulsion and decreased consciousness. Based on dr. Ahmad Assegaf, Sp.An (an anesthesiologist), if post-operative impact occurs, then a person who takes responsibility is an anesthesiologist. This means that responsible for the death of these patients was the doctor who performed anesthesia before the operation. All three patients, who died after operation in Mitra Husada Pringsewu Hospital, respectively were Reyhan Mahardika suffered from varicocele; Suripto patients with tumor in the left leg calf; and Devi Pranita who performed caesarean section (sesco ciceasria). These patients underwent convulsion and decreased consciousness after operation, although the anesthesiologist had tried to save their life. Yet, these patients died. During the operation, the doctor had operated the use of SOPs (Standard Operating Procedures). Based on the information from the Chairman of IDI (Indonesian Doctors Association) and the Chairman of MKEK (Honors of Medical Ethics Assembly), they said that dr. Edi Pramono, Sp. An. as the anesthesiologist had done the right procedures in doing anesthetic injection to these patients. In the investigation process conducted by the Regional Police of Lampung, toward dr. Edi Pramono, Sp. An., he was presupposed in violation of Article 359 of the Criminal Code (KUHP) which stated ‘whoever due to his negligence has caused another person's death, will be sentenced with a maximum imprisonment of five years.’ In juridical study over Article 359 of the Criminal Code committed by the writer in the cases described above, it can be concluded that the element of ‘negligence’ as the main requirements of this article ‘is not fulfilled’. Thus, this Article applied in this case does not meet the main requirement of criminal elements which is presupposed, and the investigation process is terminated.
References
[2] Prodjodikoro, W. 2003. Asas-Asas Hukum Pidana di Indonesia. Jakarta: Refika Aditama.
[3] Remmelink, J. 2003. Hukum Pidana. Jakarta: Gramedia Pustaka Utama.
[4] Sunggono, B. 2009. Metodologi Penelitian Hukum. Jakarta: Raja Grafindo Persada.
[5] Susilo, R. 1991. Kitab Undang-Undang Hukum Pidana (KUHP), serta Komentar-Komentarnya Pasal demi Pasal. Bogor: Politeia.
[6] Waluyo, B. 1991. Penelitian Hukum dalam Praktik. Jakarta: Sinar Grafika.
Interviews:
[1] dr.Assegaf, Sp.An. (an anesthesiologist from the Chairman of Indonesian Society of Anesthesiology and Intensive Therapy (PERDATIN) of Lampung) in discussion with the writer, April 11, 2016.
[2] Dr. Mohammad Fakih, S.H., M.H. (a health law expert of University of Lampung) in discussion with the writer, May 24, 2016.
[3] Rohim (an investigator maid at Special Criminal Investigation Directorate (Dit Res Krimsus) of Regional Police of Lampung) in discussion with the writer, May 24, 2016.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.