PENERAPAN ASAS RES IPSA LOQUITUR PADA PERKARA MALPRAKTIK MEDIK DI INDONESIA

The application of the res ipsa loquitur principle in medical malpractice cases in Indonesia is very rare. It is due to limited number of medical malpractice cases which are settled in course; besides, the principle itself is not yet widely known by the judges. The res ipsa loquitur even still constitutes a discourse in Indonesia. However, there is no difficulty in applying this principle into the settlement of the medical malpractice cases in court. Because the res ipsa loquitur principle has not yet accommodated by the Indonesian criminal procedures, it can be considered as doctrine and doctrine is one of the recognized-sources of law in Indonesian legal system. Judges may refer to doctrines when they fail to find the new law from legislations. As a doctrine, res ipsa loquitur principle is very important for developing the medical law in Indonesia, especially law related with procedural aspect. It is also useful for developing the Indonesian law of evidence.Keywords: Medical Malpractice, Law of Evidence, Res Ipsa Loquitur