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All Journal Rechtsvinding
Fenti Maya Sari
University of Wisnuwardhana Malang
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of the Health Law in Providing Legal Protection for Medical Personnel and Patients in Indonesia Fenti Maya Sari; Imam Ropii
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1246

Abstract

This study aims to analyze the regulation, implementation, and effectiveness of Law Number 17 of 2023 concerning Health in protecting medical personnel and patients from medical disputes, using a normative legal approach method through a literature study of primary materials in the form of related and secondary laws such as journals and health law doctrines, followed by qualitative analysis based on legal reasoning to interpret norms, consistency of regulations, and juridical implications in service practice. The law regulates balanced protection through the rights of medical personnel to a legal umbrella while complying with professional and patient standards for complete information and informed consent, its implementation is realized through hospital mediation, Professional Disciplinary Councils, and safety protocols that reduce malpractice and violence, while its effectiveness can be seen from reducing litigation conflicts, improving service quality, and public trust through socialization and audits of the Ministry of Health which ensures a harmonious health ecosystem in Indonesia.
The Impact of Legal Pluralism on Human Rights Protection in Health Services Fenti Maya Sari; Syifa Nur Lathifah; I Putu Wahyu Budhi Sucita; Dedi Putra
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1848

Abstract

This research aims to analyze the influence of legal pluralism on the realization of human rights protection within the national health service system and to identify the juridical and sociological obstacles arising from normative conflicts between state law and local customary norms. A normative juridical approach is employed, focusing on the analysis of various regulations, norms, and legal doctrines pertaining to human rights protection in the healthcare system, supported by library research techniques involving primary, secondary, and tertiary legal materials analyzed qualitatively through legal interpretation. Interaction between state law and local norms frequently exhibits a dominative-subordinative pattern that triggers tension, where rigid formal health regulations often clash with beliefs or traditional customs held by local communities. Individuals are often placed in vulnerable positions when forced to choose between formal medical procedures and obedience to customary authority, resulting in various human rights violations such as access discrimination, disregard for informed consent, and the denial of life-saving medical actions that contradict human rights principles. Neglect of this legal pluralism creates a dangerous zone for fundamental human rights, necessitating concrete steps such as policy synchronization, formalization of safe traditional medical practices, strengthening legal literacy, and cross-element dialogue to harmonize state law and local norms, thereby ensuring consistent and equitable rights to health.
Co-Authors Dedi Putra I Putu Wahyu Budhi Sucita Imam Ropii Syifa Nur Lathifah