{"title":"医院腐败刑事责任","authors":"Hasrul Buamona","doi":"10.14421/al-mazaahib.v5i2.1420","DOIUrl":null,"url":null,"abstract":"Hospital is an institution that provides health services both preventive, promotive, curative and rehabilitation to the public at large. In addition, the hospital is a solid institution of capital, technology and human resources, thus potentially causing problems both internally and externally. Hospitals were previously regarded as social institutions that provide medical assistance to the wider community, but at the present time the position of hospitals has undergone a change, formerly in the form of social institutions becoming corporate institutions that lead to the dominant health services seeking economic benefits. Problems that arise in the present moment, when a medical error occurs by a doctor or health care provider, the patient only demands a criminal doctor and never asks for corporate criminal responsibility. With this issue that makes the author to interested in assessing whether the hospital can be held accountable corporate criminal. So in the study of the authors obtained a conclusion that the hospital can be asked for criminal responsibility because the hospital as a corporation is a legal subject that has rights and duties as well as humans. In addition the legal doctrine of Vicaroius Liability and Strict Liability clarifies that the employer / employer who hires a worker / employee can be responsible as long as his / her relationship with the relationship in a hospital / corporation.Kata Kunci : Tanggung Jawab Pidana, Korporasi, Rumah Sakit","PeriodicalId":375931,"journal":{"name":"Al-Mazaahib: Jurnal Perbandingan Hukum","volume":"52 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2018-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"TANGGUNG JAWAB PIDANA KORUPSI RUMAH SAKIT\",\"authors\":\"Hasrul Buamona\",\"doi\":\"10.14421/al-mazaahib.v5i2.1420\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Hospital is an institution that provides health services both preventive, promotive, curative and rehabilitation to the public at large. In addition, the hospital is a solid institution of capital, technology and human resources, thus potentially causing problems both internally and externally. Hospitals were previously regarded as social institutions that provide medical assistance to the wider community, but at the present time the position of hospitals has undergone a change, formerly in the form of social institutions becoming corporate institutions that lead to the dominant health services seeking economic benefits. Problems that arise in the present moment, when a medical error occurs by a doctor or health care provider, the patient only demands a criminal doctor and never asks for corporate criminal responsibility. With this issue that makes the author to interested in assessing whether the hospital can be held accountable corporate criminal. So in the study of the authors obtained a conclusion that the hospital can be asked for criminal responsibility because the hospital as a corporation is a legal subject that has rights and duties as well as humans. In addition the legal doctrine of Vicaroius Liability and Strict Liability clarifies that the employer / employer who hires a worker / employee can be responsible as long as his / her relationship with the relationship in a hospital / corporation.Kata Kunci : Tanggung Jawab Pidana, Korporasi, Rumah Sakit\",\"PeriodicalId\":375931,\"journal\":{\"name\":\"Al-Mazaahib: Jurnal Perbandingan Hukum\",\"volume\":\"52 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-03-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Al-Mazaahib: Jurnal Perbandingan Hukum\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.14421/al-mazaahib.v5i2.1420\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Al-Mazaahib: Jurnal Perbandingan Hukum","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.14421/al-mazaahib.v5i2.1420","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
摘要
医院是向广大公众提供预防、促进、治疗和康复保健服务的机构。此外,医院是一个拥有资金、技术和人力资源的坚实机构,因此可能会在内部和外部造成问题。医院以前被视为向更广泛的社区提供医疗援助的社会机构,但目前医院的地位发生了变化,以前以社会机构的形式成为公司机构,导致主要的保健服务寻求经济利益。目前出现的问题是,当医生或保健提供者发生医疗错误时,患者只要求刑事医生,而从未要求企业承担刑事责任。有了这个问题,作者就有兴趣评估医院是否可以追究企业犯罪的责任。因此,笔者在研究中得出结论:医院作为法人,既是具有权利义务的法律主体,也是具有人的权利义务的法律主体,医院可以被追究刑事责任。此外,代理责任和严格责任的法律原则澄清,只要雇用工人/雇员的雇主/雇主与医院/公司的关系存在关系,就可以承担责任。Kata Kunci: Tanggung Jawab Pidana, Korporasi, Rumah Sakit
Hospital is an institution that provides health services both preventive, promotive, curative and rehabilitation to the public at large. In addition, the hospital is a solid institution of capital, technology and human resources, thus potentially causing problems both internally and externally. Hospitals were previously regarded as social institutions that provide medical assistance to the wider community, but at the present time the position of hospitals has undergone a change, formerly in the form of social institutions becoming corporate institutions that lead to the dominant health services seeking economic benefits. Problems that arise in the present moment, when a medical error occurs by a doctor or health care provider, the patient only demands a criminal doctor and never asks for corporate criminal responsibility. With this issue that makes the author to interested in assessing whether the hospital can be held accountable corporate criminal. So in the study of the authors obtained a conclusion that the hospital can be asked for criminal responsibility because the hospital as a corporation is a legal subject that has rights and duties as well as humans. In addition the legal doctrine of Vicaroius Liability and Strict Liability clarifies that the employer / employer who hires a worker / employee can be responsible as long as his / her relationship with the relationship in a hospital / corporation.Kata Kunci : Tanggung Jawab Pidana, Korporasi, Rumah Sakit