CONTESA, VELIKA EMILIA (2026) PERTANGGUNGJAWABAN PIDANA RUMAH SAKIT AYAS KASUS BAYI TERTUKAR. Undergraduate thesis, UPN Veteran Jawa Timur.
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Abstract
The case of a baby exchanged in the hospital raises questions regarding the criminal responsibility of the hospital as a health service. This research aims to examine the parties who can be held criminally accountable in the case of exchanged babies. In this study, the Author applies a normative legal method with the nature of analytical prescriptive research, through a legal approach and regulations and a conceptual approach. Data collection is carried out through primary, secondary, and non-legal legal materials related to criminal law and health law. The research results show that the responsibility theory for supervision of patient care fulfils the element of hospital responsibility in the case of exchanged babies, because Midwife's mistake occurs within the scope of hospital work. Even though the negligence was done by the Midwife, the hospital can still be held accountable because the incident occurred within the scope of the hospital. Criminal liability based on the principle of vicarous liability in the case of a baby exchanged in the hospital, the hospital has the potential to be subject to criminal liability claims for Negligence of midwives of health workers under their supervision. However, there is uncertainty in adequate legal protection for hospitals as recipients of responsibility. The regulation of the principle of vicarious liability in Indonesian criminal law and in the case of exchanged babies, needs to be revised through the addition of legal norms in Law Number 17 of 2023 concerning the Criminal Code and Law Number 1 of 2023 concerning Health, which includes types of criminal acts and criminal sanctions that are included in vicarious liability.
| Item Type: | Thesis (Undergraduate) | ||||||||
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| Subjects: | K Law > K Law (General) | ||||||||
| Depositing User: | Velika Emilia Contesa | ||||||||
| Date Deposited: | 25 May 2026 06:15 | ||||||||
| Last Modified: | 25 May 2026 06:15 | ||||||||
| URI: | https://repository.upnjatim.ac.id/id/eprint/52330 |
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