The Legitimacy of a Medical Certificate (Health Certification) in the Criminal Justice System (Corruption Eradication)

Abstract

A doctor's notes is a letter from the doctor regarding the general condition of a person, whether healthy or sick. The case of H.M. Suharto, Eddy Tansil, Setya Novanto, and Bambang W. Soeharto proved that differences in perception were often misused. In the event of misuse of the doctor's notes, aside from being administratively and professionally accountable, it is possible to be criminally liable. The problem in this journal is to what extent is the strength of proof of a doctor's notes in the criminal justice system and how to find out whether the doctor's notes are genuine or fake in criminal liability. The research method used in this journal is normative juridical. Complexity colours the process and creation of a doctor's notes. The integrity of law enforcers, ranging from the National Police, Attorney General's Office, Corruption Eradication Commission, Judges, Correctional Institution, even Lawyers, are sometimes inconsistent in carrying out their profession. Potential problems will arise if law enforcers do not ask for a second opinion or establishing an independent team of doctors. As suggestions, the making of doctor's notes must be based on professional ethics, doctor's oath, and independence in accordance with the laws. The role of the Majelis Kehormatan Etika Kedokteran needs to be strengthened to maintain the professionalism of doctors. Criminal penalties for doctor and other parties who participate in the making of a doctor's note that meets criminal elements must be strictly enforced.