IMPLEMENTASI PASAL 37 AYAT (2) UNDANG-UNDANG NO. 29 TAHUN 2004 TENTANG PRAKTIK KEDOKTERAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 4/PUUV/2007
AbstractABSTRACT Law No. 29 Year 2004 of Medical Practices has experiencing deterioration which assumed to restrict physician in applying hypocrites’ oath. One of the causes of deterioration is restriction for physician to do practice in more than 3 locations as it mentioned in Article 37 Subsection (2) of Medical Practices Law. This restriction has causing limited moveable space in doing medical practice, while on the other hand physicians has humanity mission subsequently with physician’s oath and medical ethics. This is why judicial review is done toward the Constitution Court with registration number 4/PUU-V/2007, but the judicial review has been rejected in the case of limitation physician’s practices location. This experiment has problem formulation as follow: How does implementation of Article 37 Subsection (2) of the Law No. 29 Year 2004 on Medical Practices post-decision of Constitution Court Number 4/PUU-V/2007? Method use for this experiment is sociology jurisdiction, while data collection technique is using interview with respondents coming from IDI doctors population in Malang branch which were selected using purposive sampling, and then descriptive qualitative analyzed. From the result of the experiment, we could inference that by medical practices limitation post-decision of Constitution Court then the implementation would be coming from explanation of Article 37 Subsection (2) Medical Practices Law and could be done using “supervision system” or “task system” to cope with lack of physician. Constitution’s Court decision Number 4/PPU-V/2007 has brought changes for the physician because physician is no longer afraid to be threatened prison punishment since it is their profession to help the society by giving health services. Suggestion, variable in medical practices limitation techniques should be done appropriately according to each regional condition.
NURMAYA SHANTI, RIMA (2009) IMPLEMENTASI PASAL 37 AYAT (2) UNDANG-UNDANG NO. 29 TAHUN 2004 TENTANG PRAKTIK KEDOKTERAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 4/PUUV/2007. Other thesis, University of Muhammadiyah Malang.