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Thursday, November 4, 2010

Ethics Examination Virginity

there are some legal issues that must be considered before performing the examination virginity:

1. Can a doctor refuse requests this examination?
Doctor-patient relationship by law (civil) is an agreement or contract (overeenkomst) for the provision of services. In an agreement required compliance (toestemming) from both sides. Not that one party may compel the other party. Exceptions only occur if the patient is in a state of emergency, so that the doctor should bring relief immediately. So in the examination "virginity" doctors can refuse.

2. Age girls who examined
Girls that are not quite 21 years is not yet mature, so that the results be communicated to parents.

3. The purpose of the examination
Doctors should not be afraid to use the purpose statement she made, provided that the letter was made based on honesty. If the doctor makes "Sick Certificate" he did not know for what purpose the certificate was, perhaps not to attend the Court hearing as a defendant, to not take the exam at the faculty, to not come to work and so forth.

4. Does the person who checked it is the person in question?
Doctors need to know the exact identity of the person who checked it, so that later on he did not get into trouble. It could be people who perform it have a purpose for extortion, which was examined was the sister who was married and his face was like the daughter in question. Instead divorce never happened on the lawsuit because it was not a virgin anymore, the doctor asked to check a sister who was a virgin and a doctor's certificate is used to reject the earlier divorce. So doctors must be careful in this matter of identity, if necessary, ask for his ID card is shown (ID card, driving license, etc.).

# Dr Handoko Tjondroputranto
Institute of Criminology, University of Indonesia, Jakarta


Meanwhile, when viewed from the angle of Medical Ethics, in this case virginity examination, there are some things that need to be a doctor's attention in taking action.

1. Need to be asked, why parents do not trust his own son.
Is it the child can not be trusted or between child and mother there is no openness to each other. When these girls came out of necessity with her mother to the doctor then obviously something is not harmonious between them. In such cases the physician should seek an improvement in mother-child relationship. Another possibility could also between mother and daughter there is a conspiracy to entrap others. So the doctor must first analyze the relationship of mother and daughter.

2. What is the age of 17 years has grown for these girls?
According to the Marriage Act, the lowest age limit for marriage for women is 16 years. So these girls are entitled to marry. According to the Election Act, a 17-year-old is eligible to vote. So grown up politically. Only in PGPS only, age 17 years is still considered immature, because it is still entitled to receive child support. When the age of 17 years is considered to be adults, it is necessary requested approval for examination and submission of inspection reports to his mother.

3. Need to know the purpose of inspection
The purpose of the mother to check her virginity, can be expected to have any legal consequences. In this case to sue her male friends and of course also a doctor's certificate will be used as evidence. Here the physician must be careful before meeting the mother's request. Should the doctor just to meet demand for information / Visum et repertum when applying for law enforcement authorities or investigators. Do not serve an individual request, which will then be used to "start case" or a lawsuit against another person.

4. Profession and the dignity of a doctor, in accordance with the oath doctors, should be preserved and respected by the doctors themselves first. Doctors should not give chance to anyone to manipulate the profession, especially for a particular purpose. If after all the doctor will give Visum et repertum must in order to request the investigator to complete the necessary evidence, occasional and not for the opening of the case.

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