KEBIJAKAN KRIMINAL DALAM PENANGGULANGAN GRATIFIKASI DALAM HUBUNGAN DOKTER DAN PERUSAHAAN FARMASI
Daftar Isi:
- This thesis discusses criminal policy in gratification prevention in relation of Doctor and pharmaceutical company. This type of research is normative, using statute, conceptual, and case approach, with the type and source of research material from secondary data. Technique of collecting research material through literature study, analyzed qualitatively, with deductive deduction technique. The results of this research are, if civil servant doctor fulfills the elements of gratification according to Article 12B and Article 12C Law No. 20 of 2001 on Amendment to Law No. 31 of 1999 on the Criminal Act of Corruption, and Article 1 of Health Minister Regulation No. 14 Year 2014 on Gratification Control in the Ministry of Health Environment, then meet the criteria of corruption in the form of gratification that is considered as bribe. While private doctors can not be the subject to criminal sanctions based on the regulation. The criminal policies to tackle gratification in the relationship between doctor and pharmaceutical company is through penal and non penal efforts. Penal Efforts: criminal responsibility for civil servant doctor through the application of criminal sanction in Article 12B paragraph (1) letter c, that is life imprisonment or imprisonment for a minimum of 4 years and maximum of 20 years, and a fine of at least Rp. 200.000.000,- and at most Rp. 1,000,000,000,-. The criminal responsibility of pharmaceutical company is regulated in Article 62 Paragraph (1) of Law No. 8 of 1999 concerning Consumer Protection stating that the business actor (medical representative and owner of a pharmaceutical company) violates the provisions of Article 13 paragraph (2) shall be punished with a maximum imprisonment of 5 years or maximum fine of Rp. 2,000,000,000, -. Non penal efforts : sponsorship is transparent without conflicts of interest, through institutional or organizations of medical profession; fulfillment by state of health care guarantee; the government make budget to education and training allowance of medical profession; regulation of civil servant doctor outside of service in government hospital; private sector role; obligation to report on acceptance of gratuities; religious approach; ethical code approach; and supervision of the implementation of the code of ethics.