PERAN MDP DALAM PENEGAKAN HUKUM PERDATA DAN PIDANA DAN PEMBERIAN PERLINDUNGAN HUKUM BAGI TENAGA KESEHATAN DAN TENAGA MEDIS

Abstract

Law enforcement in healthcare requires a balance between professional accountability, legal protection for medical and healthcare personnel, and the fulfilment of patients’ rights. The Professional Disciplinary Council (MDP) plays a vital role in assessing the compliance of professional practice with applicable standards. This article aims to analyse the position and role of the MDP in the enforcement of civil and criminal law, as well as in providing legal protection for medical and healthcare personnel. The research employs a literature review method. The findings indicate that the MDP plays a role in enforcing discipline and issuing recommendations based on an assessment of the conformity of practice with professional standards, service standards and standard operating procedures. In criminal cases, recommendations relate to whether or not an investigation can be conducted into alleged offences related to healthcare services, whilst in civil cases, recommendations contain a professional assessment of the actions that form the subject of the lawsuit. Legal protection is realised through objective investigations, the opportunity to present a defence, the management of conflicts of interest, and review mechanisms within the disciplinary process. It is concluded that the Professional Disciplinary Council supports the proportional enforcement of the law without supplanting the authority of the judiciary. The fulfilment of its role requires independence, the competence of the examiners, and clear inter-institutional coordination to ensure that the protection of healthcare professionals remains consistent with accountability and patients’ rights.