Sociology of

Conflict and
Reconciliation
Conflict of Disciplines. The Controversy of
Doctor Ayus Case

Chronology
2009 Siska Makatey underwent a caesar surgery in

Prof.dr. Kandao Hospital, Manado. It caused her

death.
2009 this case was taken to civil court
The doctors were not considered guilty
2013 the victims family establish appeal to the
Supreme Court
The doctors were considered guilty and sentence
to prison for 10 month
This decision triggered strikes from doctors (IDI)

Supreme Court Verdict

Negligence that caused the death of another
person (Pasal 359 KUHP)
Perform surgery without a license to practice (Surat
Izin Praktik) (Pasal 76 UU PK)
Make a fake signature of victim, Sisca Makatey, in
approval letter for special measures, anesthesia
and surgery (Pasal 263 KUHP)

The Doctors Argument

Cause of death = Emboli, a medical phenomenon
which cannot be predicted nor avoided. 100 %
Emboli cases always ends in mortality.
The doctor claimed to owned a competence
certificate, but she hasnt yet been legalize by the
medical institution to perform surgery.
The signature verdict, still debatable. She denied
the accusation that she made the fake signature.

Malpractice. In the
Perspective of Law
In the perspective of Law, the violation of medical
procedure is called as medical malpractice, which
divided into ethic case, or criminal case.
Ex of ethic case: giving prescription without examination.
The sanction is established by The Court of Medical Ethic.
In the other hand, intentionally or not, if it causes death,
it will be counted as criminal case
Ex of criminal case: Abortion, black mailing. The
sentence is established by the Criminal Court (since it is
criminal)
The Supreme Courts verdict includes the second one

Malpractice, in the
Perspective of Medic
The concept of Malpractice in medic is not really
different, yet the medical practitioner interpreted Doctor
Ayus case differently from the Laws practitioner.
The death of the Siska Makatey was not caused by the
Doctors malpractice.
Even if the malpractice is significantly proven, (the
absence of license to practice and false signature) it
supposed to be the matters of civil law, not criminal law.
(see previous slide, the ethic malpractice)
Doctor Ayus case are claimed to be more likely an
ethical malpractice, not criminal. Prison sentence are
not supposed to happen.

Not About Whos Wrong

or Right
The debate still take place today, both Law and
Medical expert stands on their disciplines
perspective.
This case prove that conflict does not always means
physical or ideology, but also the conflict of multiple
disciplines.

Reconciliation
All the stakeholders, the Law and Medical
practitioners, the Ministry of Health, the People
Representative, should unite together forming a
new law, in order to prevent the same controversy.

Conclusion
Indonesians Law isnt ready yet
Overlapping law
The law must be applied to everyone, including
Doctors. Nobody is law proof.

Sayonara