Juridic Philosophical Perspective and Criminalization Urgency of the Private Sector (Bribery in Private Sector) in UNCAC in Gratification of Pharmaceutical Companies for Medical Services in Indonesia

Abstract

The 1945 Constitution in Article 34 paragraph (1) affirms that the poor and abandoned children are nurtured by the State, paragraph (2) emphasizes that the State develops a social security system for all people and empowers weak and incapable people with human dignity, paragraph (3) confirms that The state is responsible for the provision of adequate health services and public facilities. Research Objectives to find out and understand the legal perspective of gratuities carried out by pharmaceutical companies on doctors in medical services, philosophical perspectives on pharmaceutical companies' gratuities towards doctors in medical services, gratification handling of pharmaceutical companies towards doctor in medical services in Indonesia by criminalizing the private sector (bribery in private sector) UNCAC which has been ratified by Indonesia. The research method used is normative juridical, which examines the law which is conceptualized as a norm or rule that applies in society and becomes a reference for everyone's behavior. Use secondary data as the main source obtained through library research, using deductive thinking methods and coherent truth criteria with deductive and inductive thinking methods.

The results showed that the legal perspective of pharmaceutical companies gratification on the profession of doctors in medical services is related to Human Rights that based on Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning Eradication of Corruption, Article 12B, it is clear that gratification given by pharmaceutical companies to doctors who aim to be selfish, namely to influence the decision to provide therapy to patients, including in one form of Corruption.