Criminal Responsibility of Dental and Oral Therapists in Performing Dental and Oral Health Services
Keywords:
Criminal Liability, Dental and Oral Therapist, Authority, Indonesian LawAbstract
In Indonesia, the authority of a dental and oral therapist is regulated in Indonesian Article 12 of the Regulation of the Minister of Health Number 20 of 2016 concerning Permits and Implementation of the Practice of Dental and Oral Therapists. In addition to this authority. The dental and oral therapist may perform an act of written delegating authority from the dentist. If the dental and oral therapist delegates authority in writing on the grounds of helping each other because of the large number of patients, can they be charged with criminal liability? On that basis, the researchers focused on the problem, namely what is the form of criminal responsibility for dental and oral therapists in providing dental and oral health services? The purpose of this study was to determine the criminal responsibility of dental and oral therapists in performing dental and oral health services. The research method used in this study is a normative research method and the problem approach used is the approach to applicable laws and regulations which focuses on primary legal materials that regulate criminal law, namely criminal malpractice. The results of the study found that dental and oral therapists who carried out unwritten acts of delegation of authority from dentists as long as they did not have a negative impact on patients and did not meet the elements of criminal malpractice cannot be charged with criminal responsibility, on the contrary, dental and oral therapists who provide dental health services and mouth that meets the elements of criminal malpractice can be charged with criminal liability.
Downloads
References
Adjie, H. (2021). Understand And Interpretate: Article 24 Verse (1) Letters Dregulation Of The Minister Of Health Of The Republic Of Indonesia Number 38 Year 2016 Concerning Organ Transplantation Concerning Written Approval Of Human Body Transplantation With Notary Asset. Enrichment: Journal of Management, 11(2), 503-507.
Azwar, B., & Dokter, B. P. P. S. (2002). Jakarta: Kesaint Blanc. Cet. ke-1.
Babüroglu, O. N., & Ravn, I. (1992). Normative action research. Organization Studies, 13(1), 019-34.
Freckelton, I. (2005). Indonesian health practitioner regulation. Law in Context, 23(2), 229-242.
Gallagher, J. E., Lim, Z., & Harper, P. R. (2013). Workforce skill mix: modelling the potential for dental therapists in state-funded primary dental care. International dental journal, 63(2), 57-64.
Goldswain, G. K. (2008). The purposive approach to the interpretation of fiscal legislation‐the winds of change. Meditari Accountancy Research.
Gofur, N. R. P., Aghasy, A. Z. Z., & Gofur, A. R. P. (2021). Spatial distribution analysis of dentists, dental technicians, and dental therapists in Indonesia. F1000Research, 10.
Haver, J., Brieger, W., Zoungrana, J., Ansari, N., & Kagoma, J. (2015). Experiences engaging community health workers to provide maternal and newborn health services: implementation of four programs. International Journal of Gynecology & Obstetrics, 130, S32-S39.
Nash, D. A., Friedman, J. W., Kardos, T. B., Kardos, R. L., Schwarz, E., Satur, J., ... & Nagel, R. (2008). Dental therapists: a global perspective. International dental journal, 58(2), 61-70.
Pound, R. (2006). New paths of the law: first lectures in the Roscoe Pound lectureship series. The Lawbook Exchange, Ltd..
Sukini, F. F., Lestari, P., Purwaningsih, S. N., & Riyanto, O. S. (2021). Legal Protection of Dental and Oral Therapists for Oral Delegation by Dentists. Annals of the Romanian Society for Cell Biology, 1756-1761.
