Yube, Harnum Sulastri (2023) Tinjauan Yuridis Terhadap Putusan Bebas Malpraktik Dokter Kecantikan (studi Kasus Perkara No. 1441/pid.sus/2019/pn Makassar). Other thesis, Universitas Islam Riau.

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Abstract

The Beauty Doctor Malpractice Case is proof of the existence of dualism between the position of criminal responsibility for a criminal act that is a general crime and a special crime which causes two conflicting legal views that must be tried through special punishment based on the Makassar District Court Decision. The malpractice of a beautician that causes serious injuries in the form of a record suffered by the victim must be legally and convincingly proven, but with the result of a decision using the "Lex Specialis" principle which overrides general matters for specific matters. From the cases described above, the main issues raised in this study are first, the application of proof of procedural errors of beauty doctor malpractice in case acquittal no. 1441/Pid.Sus/2019/Pn Mks second, the consideration of the Panel of Judges regarding the malpractice error of the beautician doctor in the acquittal in case No. 1441/Pid.Sus/2019/Pn Mks The research method used by the author in this study is normative by emphasizing the study of legal norms in writing in order to obtain data, while the nature of this research is descriptive the author tries to provide an overview of an object, a set of conditions, a system of thought and events related to cases, ways data collection is by way of literature study. The results of the study show that in order to realize legal justice in the judge's decision, legal justice has been fulfilled for doctors who are in accordance with legal morality where judges look more at the purpose or use of the law for society and patients who are victims of malpractice cases must really be able to accept that in treatment or care carried out by a professional doctor will not always be able to meet patient expectations, therefore it is necessary to have clear communication from the doctor and patient before carrying out treatment or any medical action that will be carried out.

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