Perlindungan Hukum Tindak Pidana Pemalsuan Identitas Sebagai Profesi Dokter

Abstract

Identity fraud is a form of crime that is increasingly common along with the development of information technology. The increase in cases of identity fraud in various professions, including the medical profession, is increasing and is becoming a serious concern in society. These conditions pose health and safety risks for patients who rely on competent medical services. This research was conducted with the aim of finding out the form of legal protection for victims who are deceived by perpetrators of identity fraud who claim to be doctors. This research was conducted through a normative-empirical juridical method using a statutory approach and a case approach. The results of the research show that legal protection for victims who are deceived by perpetrators of identity fraud who claim to be doctors (patients) is to receive restitution or compensation even though no victims report it. Henceforth, doctors whose identities are falsified are entitled to legal protection during the trial process by the Indonesian Doctors Association (IDI). Apart from that, in the case of the criminal act of falsifying identity as a professional doctor based on Surabaya District Court Decision Number 1747/Pid.B/2023/Pn.Sby, the judge in deciding the case still used general laws or regulations (lex generalis), namely Article 378 Criminal Code. In fact, according to the author, it should be possible to add it by using a special law (lex specialis), namely Article 77 and Article 78 of the Medical Practice Law Number 29 of 2004. This is necessary to uphold the principle of lex specialis derogate legi generalis in order to create certainty, usefulness and legal justice. Therefore, legal protection needs to be given to victims of criminal acts of falsifying their identity as a professional doctor, both for victims who are in the position of patients and victims who are in the position of doctors.