Tanggung jawab hukum apoteker atas kelalaian dalam memberikan pelayanan dan pengelolaan obat yang menyebabkan hilangnya nyawa seseorang Berdasarkan pasal 359 kuhp

Abstract

Pharmacist have a big responsibility for pharmaceutical activities carried out in pharmacies. If the pharmacist is negligent in dispencing the medicine or the medicine given is not as expected, then an error in administering the medicine can occur. The formulation of the problem in this research is (1) what is the form of legal protection for patients for the pharmacist’s negligence in providing medication that is not in accordance with the doctor’s prescription if this result in the loss of the medication, (2) What are the criminal sanctions against pharmacists who are negligent in providing medication that is not in accordance with the doctor prescription if this results in the loss of the medication someone’s life. The research method used is normative legal research and a normative juridical approach, namely by using data obtained through library materials in the form of statutory regulations and other regulations. The conclusion of this research is that there are two form of legal protection for patients, namely preventive legal protection and repressive legal protection. Criminal sanctions for pharmacists who are negligent in dispensing medicine that is not in accordance with a doctor’s prescription if it results in the loss of a person’s life are stated in Article 359 of the Criminal Code with the threat of a maximum prison sentence of five years or a maximum prison sentence one year and is also stated in article 84 of the law number 36 of 2014 concerning Health Workers with the threat of a maximum prison sentence of five years.

Keywords : Responsibility, Pharmacist, Negligence, Patient’s Life.