Mardikasari, Devbrina Putri (2023) Pertanggungjawaban Tenaga Medis Yang Menerima Gratifikasi Dari Perusahaan Farmasi. (Liability of Medical Personnel Who Receive Gratuities from Pharmaceutical Companies). Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.
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Abstract
Medical personnel are indicated to abuse their power and authority by committing ethical violations packaged in the form of cooperation or receiving gratuities from pharmaceutical companies. This gratification practice is carried out so that medical personnel commercialize or promote products in the form of drugs produced by pharmaceutical companies, so that medical personnel get incentives. The main purpose of this research is to find out the rules regarding medical personnel who receive gratuities and to find out the responsibilities of medical personnel who receive gratuities from pharmaceutical companies. The benefits of this research are for the development of legal science, especially in criminal law and are expected to be useful and provide input on all forms of gratuities committed by medical personnel. This type of research uses normative juridical methods that are prescriptive in nature with the method of the Legislation Approach (Statue Approach) and Conceptual Approach (Conceptual Approach). Using primary and secondary legal materials by inventorying and conducting literature studies and using prescriptive legal material analysis techniques. The conclusion of this study is that legally, giving gratuities to ASN medical personnel is a prohibited act and can be punished for violating Article 12 B of Law Number 20 of 2001 concerning Amendments to Law Number 31 of 1999 concerning Corruption Crimes. Meanwhile, non-ASN medical personnel cannot be criminally punished because there is no regulation. Although in the PTPK Law there is no criminalization of bribery perpetrators in the private sector, it does not mean that Indonesia does not have criminalization arrangements for bribery perpetrators in the private sector. Non-SNP medical personnel can be held accountable in accordance with Article 3 of Law Number 11 of 1980 concerning the Crime of Bribery. However, ethically, both medical personnel who are ASN and non-ASN or private can be held administratively liable in the form of Advisory, Oral warning, Written warning, Behavioral coaching, Reschooling (education / retraining), Temporary dismissal and revocation of practice license for violating Article 3 of the Indonesian Code of Medical Ethics (KODEKI).
Item Type: | Thesis (Undergraduate) |
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Uncontrolled Keywords: | Medical Personnel, Gratuities, Pharmaceutical Companies |
Subjects: | K Law > K Law (General) |
Divisions: | Fakultas Hukum > Program Studi Ilmu Hukum |
Depositing User: | 1312000278 Devbrina Putri Mardikasari |
Date Deposited: | 23 Feb 2024 03:19 |
Last Modified: | 23 Feb 2024 03:19 |
URI: | http://repository.untag-sby.ac.id/id/eprint/28741 |
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