Medical Profession in Medical Disputes: Redefining Indonesia Malpractice Terminology

It is common to say that the term malpractice is unclear in Indonesia as legal officers do not have sufficient knowledge regarding its full understanding. We can see the inconsistent rulings from Pengadilan Negeri to Mahkamah Agung. These inconsistencies do not merely rely on the officers' ability to comprehend the issues assigned to them but also on regulations that do not provide enough clarity regarding the matters. To put an end to this inconsistency, I propose dividing the term malpractice into three categories, namely general malpractice, which is malpractice in its original meaning a-non-fulfillment of the standard of care; management malpractice or maladministration, which is caused by a person with a non-therapeutic relationship with the patient; and maltreatment, which contains intention-mens rea. Additionally, to clarify this division, I want to reintroduce the peer-review method by professional organizations as primary evidence in medical disputes, not only as support evidence.