Accountability Crime of Health Services Provided by Non-Health Workers (Study Decision Decision Number : 46/ Pid.Sus /2020/ Pn.Liwa)

Abstract

Providing health services is a noble task, in accordance with Article 1 (7) of Law of the Republic of Indonesia Number 17 of 2023 concerning Health which states that Health Workers are every person who dedicates themselves to the field of Health and has a professional attitude, knowledge and skills through higher education. for certain types requires authority to carry out Health Efforts. If those who provide health services are not health workers as if they are workers, they can be threatened with Article 439 of the Republic of Indonesia Law Number 17 of 2023 concerning Health which states: "Every person who is not a Medical Personnel or Health Personnel practices as a Medical Personnel or Health Personnel who has "having a SIP is subject to a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 500,000,000.00 (five hundred million rupiah)." In this research include: a. What are the factors that cause perpetrators to commit criminal acts who are not medical personnel to practice as if they were medical personnel in Decision Number: 46/Pid.Sus/2020/PN.Liwa, b. What is the criminal liability for perpetrators of criminal acts who are not medical personnel who practice as if they were Health workers in Decision Number 46/Pid.Sus/2020/PN.Liwa. The problem approach used in this research is a normative juridical and empirical juridical approach. The data in this research comes from library data (library research) and field data (field research). The results of the discussion show that the factors causing perpetrators to commit criminal acts who are not health workers who practice as if they were medical workers include intrinsic factors (unfavorable family environment, age and intelligence, and psychological talent, personality), extrinsic factors (low level of education). low, social environment, intentions and opportunities), weak religious and ethical education, lack of health education, lack of supervision. Criminal liability against officials who deliberately carry out criminal liability against perpetrators of criminal acts who are not medical personnel practicing as if they were medical personnel in Decision Number: 46/Pid.Sus/2020/PN.Liwa in the form of a crime with the legal and convincing conviction of the defendant. as regulated in Article 64 in conjunction with Article 83 of Republic of Indonesia Law Number 36 of 2014 concerning Health Workers, with a prison sentence for the Defendant for 4 (four) years.