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Triyanto Agung Praptono Wibowo; Rina Arum Prastyanti; Zaenal Mustofa

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The growing number of alleged medical malpractice cases in Indonesia, particularly physicians’ misdiagnosis resulting in patient death, underscores the need for stronger legal certainty and accountability in healthcare services. Physicians are professionally obligated to conduct diagnosis and medical treatment in accordance with professional standards, service standards, and standard operating procedures; however, negligence may occur and lead to severe harm. This study aims to analyze the legal provisions governing physicians’ liability for misdiagnosis causing patient death and to examine the forms of legal responsibility that may be imposed. The research applies a normative juridical method using a case approach and literature review, relying on primary legal materials such as the Indonesian Civil Code, the Criminal Code, the Medical Practice Law, the Hospital Law, and Law Number 17 of 2023 on Health, supported by secondary and tertiary sources. The findings indicate that physicians may be held liable under civil, criminal, and administrative law if the essential elements of medical negligence are proven, namely duty of care, breach of duty, harm (including death), and a causal relationship between the misdiagnosis and the fatal outcome. Moreover, liability may extend to hospitals under the doctrines of vicarious liability, hospital liability, and strict liability. This study implies the importance of strengthening professional competence, reinforcing disciplinary mechanisms, and ensuring balanced legal protection for both patients and healthcare professionals within Indonesia’s health law framework.

Erni Susanty Tahir; Aris Prio Agus Santoso; Aryono Aryono; Anindya Rizqita Salsabila

Jurnal Ilmu Kesehatan dan Gizi 2026 Pusat Riset dan Inovasi Nasional

Malpractice in dental health services has become a complex legal issue as public awareness of service quality and patient rights continues to increase. The enactment of Law Number 17 of 2023 on Health introduces important changes in regulating the legal accountability of medical personnel, including dentists, particularly in relation to criminal liability for malpractice. This study analyzes the forms of dental malpractice and the criminal responsibility of dentists under the new Health Law. The research uses an empirical legal method with sociological and statutory approaches. Data were obtained through interviews and a review of relevant legislation, legal doctrines, and court decisions. The results show that dental malpractice can arise from negligence, failure to comply with professional standards, violations of standard operating procedures, and the absence or disregard of informed consent. Law Number 17 of 2023 stipulates that criminal liability for dentists can only be applied after a recommendation from the Professional Discipline Board, ensuring a clear distinction between inherent medical risks and professional misconduct. This framework is designed to provide balanced legal protection for both patients and dentists while strengthening legal certainty in malpractice case resolution. Consequently, dentists must understand professional standards and criminal liability mechanisms to practice responsibly and professionally.

Triyanto Agung Praptono Wibowo

Pemuliaan Keadilan 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The increasing number of malpractice cases in Indonesia, particularly those related to misdiagnosis by medical practitioners, highlights the urgency of law enforcement in the health sector. This study aims to analyze the legal provisions and forms of physician liability for misdiagnosis resulting in patient death. The research employs a normative juridical approach with a library research method, using primary legal materials such as Law Number 17 of 2023 on Health, the Criminal Code (KUHP), and the Civil Code (KUHPerdata), as well as secondary legal materials including literature and legal health journals. The findings indicate that misdiagnosis proven to constitute professional negligence (culpa) may give rise to legal liability in three areas—criminal, civil, and administrative. Criminally, Article 440 of Law Number 17 of 2023 stipulates sanctions for medical personnel whose negligence causes serious injury or death (Republic of Indonesia, 2023). Furthermore, hospitals also bear responsibility under the doctrines of vicarious liability and hospital liability for the actions of medical practitioners under their supervision (Balubun, Simanjuntak, & Ginting, 2018). This research implies the need for a balanced legal protection framework between patients’ rights and the professional rights of medical practitioners, as well as the strengthening of medical supervision systems within healthcare institutions.

Mutiara Frakusyari Wibowo; Nanda Lutfiah Cahya May Salva; Tries Ellia Sandari

Kajian Ekonomi dan Akuntansi Terapan 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Strategically, the professional code of ethics serves as the foundation of accountability and a key tool for building and maintaining public trust in tax practitioners and accountants. The code of ethics serves as a guideline for maintaining integrity, objectivity, independence, and professional responsibility in every task amid the increasingly complex and competitive dynamics of the business world. The purpose of this study is to examine how the regular application of a professional code of ethics is essential to improving the quality of financial reporting and tax compliance, while preventing malpractice and conflicts of interest. Professional ethical principles and their implementation in the workplace are discussed through a conceptual approach. The results of the study show that compliance with the code of ethics can increase public trust and enhance the credibility of the profession. However, in order for the accounting and tax practitioner professions to remain relevant, professional, and trusted by the public, it is necessary to internalize ethical values to counterbalance economic pressures, client needs, and advances in digital technology.

Andi Mirza; Dahlan; Teuku Muttaqin Mansur

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health care is a fundamental right of every citizen guaranteed by the constitution and various laws and regulations. However, in practice there are still cases of health care malpractice that often occur, either due to negligence, carelessness, lack of competence, or violation of professional standards. Such actions not only have an impact on the physical and psychological harm of patients, but also raise questions regarding the legal responsibility of the perpetrators, especially in the criminal realm. The problems in this study are how health care malpractice in the perspective of criminal law and how criminal liability for health care malpractice. This research uses normative juridical research method with statute approach and conceptual approach. The results showed that health care malpractice must be viewed as a criminal offence that can be subject to criminal liability in accordance with the provisions in the Criminal Code, Law Number 17 of 2023 concerning Health, and other regulations.

Sri Wulandari; Zabidin Zabidin

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health is a human right and one of the elements of human welfare that must be realized by the state, the 1945 Constitution of the Republic of Indonesia, Article 34 paragraph (3) emphasizes that the state is responsible for providing equitable and affordable health service facilities for the entire community. This study aims to determine and analyze the legal formulation of patient protection in medical practice, using the normative legal research method, namely through literature/legislation searches (statute approach) with types of data sources, secondary data supported by primary data. The descriptive research type is then analyzed and presented qualitatively. The high level of public awareness of the importance of health has made people increasingly aware and understand their rights as patients in order to obtain good health services from health workers and hospitals. The legal relationship between doctors and patients as regulated in Law No. 17 of 2023 concerning Health is a business agreement relationship (inspaning verbentenis), which gives rise to rights and obligations. The community/patients receiving medical practice services have the right to legal protection so that every mistake in carrying out the medical profession is a form of mistake/violation of the law that is worthy of being prosecuted/filed in court as a form of protection for patients, victims of medical malpractice.

Chatrine Aurora Bere Mau; Karolus K. Medan; Bhisa Vitus Wilhelmus

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Indonesia, traditional medicine has a legal position that is recognized and protected by state law in the provisions of article 50 paragraph (1) and paragraph (2) of Law Number 36 of 2009 concerning Health. It is also stated in the new Law Number 17 of 2023 concerning health article 192 paragraph (1). Although traditional medicine is recognized and regulated by national law, traditional medicine practitioners can also engage in malpractice acts. Currently, people have a lot of problems with traditional medicine, which is too prone to mishandling patients' diseases because of its methods that have not been clinically tested. The increasing number of cases of fracture infection caused by fracture shamans every year is one example of inappropriate handling that occurs in the Kemak Tribe in Kampung Sadi, Belu Regency. This research is a socio-legal research supported by an empirical approach that uses primary data and secondary data collected using interview and observation techniques and processed and dialysed using Editing, Coding, Verification, and Interpretation techniques. The results of this study show that (1) Negligence in traditional medicine is a serious problem that has a wide impact on individuals and society. (2) In traditional medicine, the prevention and control of negligence requires a comprehensive approach through education, regulation, and cooperation between the government, practitioners, and conventional health workers.

Yuni Farida Duka; Jimmy Pello; Heryanto Amalo

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the Court Decision on Law Enforcement Against Ordinary People Who Violate Medical Legal Norms based on the Study of Decision Number 195/Pid.Sus/2021/PN Kpg. This research was carried out using a normative juridical method with the technique of collecting legal materials, library research, then analyzed and compiled systematically. The results of the study show that the Defendant's Actions can be categorized as medical malpractice because they meet four key elements, namely liability, violation, causality, and loss. Given that the perpetrator is an ordinary person and not a medical professional, Article 360 of the Criminal Code is most appropriate to ensnare the perpetrator who is an ordinary person in the case of injury or health disorder because the relevance of Article 360 of the Criminal Code explicitly regulates negligence that causes injuries or health problems.

Dwight Nusawakan

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This writing aims to provide an understanding to the public that patients as people who need health services at the Hospital need to get optimal services from all fields including the fulfillment of patient rights as recipients of hospital services. In order for health services to patients to take place properly, the fulfillment of patient rights at the Hospital must also be implemented so that there are no problems with health service actions to patients such as cases of malpractice or negligence.  This writing uses a normative legal research approach method (normative legal research method). The normative legal research method is a library legal research conducted by examining library materials or secondary data.Thus, the patient's right as a recipient of medical services is to obtain information on medical services to find out the results of the examination/diagnosis that have been carried out by the medical team and has the right to know what actions the patient must receive.    

Lisa Lamusul Afiyah; Sigit Irianto

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Teledentistry is a relatively new combination of telecommunications technology and dental care. It has its roots in telemedicine, which involves the use of communications and information technology to provide health services across geographic distances. Teledentistry faces several challenges, including limited internet access and inadequate infrastructure in remote areas, concerns about the confidentiality of electronic medical records, and incomplete regulations regarding teledentistry in the current law. The problems raised in this research are the obstacles faced by teledentistry practitioners in Indonesia, including factors that hinder their ability to manage medical risks and legal protection for teledentistry practitioners who face medical risks such as drug allergies. Legal protection for dentists in the field of teledentistry when facing medical risks, such as allergies to electronically prescribed medications. Dentists must obtain legal guarantees and certainty in providing health services to their patients. The conclusion of this study is that in teledentistry consultation services, medical risks such as drug allergies, which are unpredictable reactions of the patient's body, cannot be predicted. Medical risk is not a form of medical malpractice. Because, in medical risks, one of the elements in articles 338 and 359 of the Criminal Code cannot be fulfilled, namely the element of negligence.

Made Raditya Mahardika

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

, Currently medical tourism or commonly known as health tourism is becoming a trend in the world of tourism. The regulations regarding medical tourism in Indonesia were regulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 76 of 2015 concerning Medical Tourism Services. The purpose of this paper is to examine the opportunities and challenges of medical tourism from an Indonesian legal perspective. The method for achieving this goal was normative legal research method. The results of the analysis showed that opportunities for medical tourism in the perspective of Indonesian law, namely Indonesian health regulations do not affect medical tourism behavior through health needs, external environment: government regulations on health tourism and health tourism agents, the implementation of medical tourism hospitals in Indonesia has not run optimally, PMK Number 76 of 2015 regarding Medical Tourism Services as a legal umbrella providing opportunities for medical tourism, plans to develop medical tourism in Indonesia are contained in Law No. 07 of 2017, and Pp No. 02 of 2015, simplification of medical tourism regulations (Perkonsil) No. 92 of 2021, PMK No. 67 of 2013, the medical tourism policy has been updated to empower medical tourism: KP No. 31 of 1998, Law No. 32 of 2004, PMK of the Republic of Indonesia Number 317/MENKES/PER/III/2010. The challenges of medical tourism from an Indonesian legal perspective: no legal accreditation framework and guidelines for emergency clinics, foreign investors must be aware that Indonesia has a series of regulations and restrictions relating to its health industry, the challenges of medical tourism in Indonesia also arise from reflecting on the perspective of state law neighbors, malpractice law in developing countries is weak, in Indonesia developments in the field of law are still not seen as a medium to change the order of people’s lives, medical tourism has cross-border litigation challenges. The health omnibus law as a national legal policy with the hope of achieving the goal of increasing the public health hierarchy in Indonesia was a challenge as well as the best opportunity in the future.  

Heri Subroto

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Malpractice is basically an action by professional staff that is contrary to the Standard Operating Procedure (SOP), professional code of ethics, and applicable laws, whether intentional or due to negligence. This negligence is not a violation of the law, if the negligence does not cause harm to other people and that person can feel comfortable. However, if this negligence results in material loss, harm or even takes the life of another person, then this can be said to be malpractice. Malpractice in the field of orthopedics is an act of negligence committed by doctors or health service workers who are tasked with carrying out all kinds of surgical procedures, especially bone surgery. Where in this case the patient who initially only experienced problems with his bones ultimately had to hamper his breathing for the last time just because of an error in administering gas after surgery. This fatal negligence can be said to occur due to a lack of accuracy on the part of doctors or other health workers in providing health services to patients. This negligence can also be caused by hospital management that is not well organized, the staff's education may still be minimal and many other factors. Because this action not only violates the law, the medical code of ethics and also the standards of behavior in a religion but even takes someone's life, there needs to be a way out, namely by; improving hospital management, increasing accuracy in carrying out the medical profession and deepening all kinds of knowledge about various kinds of health service procedures.    

Egun Nofianto

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of health services has developed in the last few years and continues to grow to the point of giving rise to telemedicine as a term for electronic services medium between patients and health service providers. The purpose of this research is to find the formal legal truth on the protection rights of a patient who used telemedicine services based on the Indonesian Civil Code, Health Law, and other relevant legal material sources, the study aims to determine the legal certainty of the patient using telemedicine services and legal remedies available to patients injured due to telemedicine malpractice. The research method used is normative or doctrinal and involves relevant approaches such as the statute approach, conceptual approach, theoretical approach, and analytical approach which use various legal material sources including primary and secondary legal material, particularly such as legislation, regulation, various legal theories, legal principles, doctrine, and scientific works of scholars including journals, articles, and practice guides.

Abang Anton; Beny Satria; Yasmirah Mandasari Saragih

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Healthcare services, conflicts often arise between doctors and patients, involving allegations of medical criminal actions. Health laws are designed to provide greater certainty in the administration of healthcare services and to offer protection for both the public and healthcare resources. This research adopts a normative juridical approach, employing qualitative descriptive methodology. Medical professionals may face criminal charges for engaging in illegal abortions, performing reconstructive and aesthetic plastic surgery with the intent to alter someone's identity, refusing healthcare services in emergency situations, committing negligence, and practicing Without a License (STR) and/or Practice Permit (SIP). Medical professionals are obliged to adhere to professional standards, service standards, and operational procedure standards, while upholding the values of professional ethics and exerting their best efforts (Inspanning Verbintenis). Dispute resolution should initially take place through restorative justice mechanisms, utilizing alternative methods outside the court.

Helmawan Trintono Subekti; Dahlan Dahlan; Tamaulina Br. Sembiring; Yasmirah Mandasari Saragih

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Compensation in the resolution of medical disputes in Indonesia is crucial as it provides financial compensation for patients who have suffered losses due to malpractice. Data shows an increase in the number of complaints and lawsuits related to medical disputes each year. Determining fair and proportional compensation often poses complex challenges as it involves various aspects such as the level of patient loss, healthcare service standards, medical evidence, and socio-economic factors. Therefore, a careful and holistic approach is needed in determining compensation to ensure justice and improve healthcare practices. The aim of this study is to identify the role of compensation in the resolution of medical disputes in Indonesia and to analyze its legal and ethical implications. The research method used is qualitative with a normative juridical and empirical approach. The results show that compensation in the resolution of medical disputes in Indonesia is important to ensure justice for patients and the responsibility of healthcare providers. The process of determining compensation involves mediation, negotiation, and formal legal processes. The Health Law and health regulations require hospitals to have dispute resolution mechanisms and provide patients with legal rights to compensation. Legal and ethical aspects such as integrity and justice are considered in determining compensation, creating a holistic dispute resolution system to maintain justice and the quality of healthcare services.

Benny Wijaya

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

The State of Indonesia in providing protection for patients who receive medical services, doctors and dentists in carrying out medical practices are required to provide medical services according to professional standards and standard operating procedures in accordance with Indonesian law no. 29 of 2004 article 51 letter a,.Informed consent is one of the requirements that must be met before doctors perform medical procedures on their patients.  However, even though there is Indonesian Law No. 29 of 2004, there are still doctors who commit negligence by providing services that are not in accordance with procedures by not asking for approval for medical actions that lead to malpractice claims from their patients.. The research conducted is classified as normative juridical research, using primary legal materials and secondary materials from laws and regulations, court decisions, legal theory, and existing journals as a basis.. The doctor's error by taking actions that are not in accordance with the procedure in the form of without asking for informed consent is an administrative violation so it is categorized as administrative malpractice. Indonesian Supreme Court Decision No. 233 K/PID.SUS/2021 which imposes a prison sentence in an administrative malpractice case on a legal basis that has been declared non-binding by the Indonesian Constitutional Court is an act of carelessness. However, the guilty verdict for the defendant was already correct, because the defendant did not give informed consent before carrying out a risky procedure for his patient

Asmie Dianawati

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2022 Pusat Riset dan Inovasi Nasional

Professional crime can occur in the health sector, including among veterinarians. This professional crime is in the form of malpractice. Malpractice is the failure to use skills and knowledge that are common or fulfill the rules in their actions as a medical profession according to standards in the same environment. If it's true that a veterinarian has committed malpractice, can he be penalized? With the normative juridical method, it is answered that veterinarians who commit malpractice can be subject to legal sanctions in accordance with the Civil Code. There are elements that must be met to determine that an event is malpractice.