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All Journal Law Development Journal
Rivan Picaso
Universitas Boyolali
Humanities Law, Crime, Criminology & Criminal Justice

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Journal : law development journal

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Construction of Doctors' Criminal Liability in Handling Emergency Patients: Between Medical Negligence, Medical Risk, and First Aid Obligations Rivan Picaso; Dwi Imroatus Sholikah; Burham Pranawa; Citra Cahyarini
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.552-569

Abstract

Emergency medical services are a form of healthcare that requires speed, accuracy, and professionalism from healthcare workers, particularly doctors. In practice, not all medical care leads to recovery, and in certain situations, it can result in disability or death. These conditions raise legal issues regarding the boundaries between medical negligence, medical risk, and the obligation to provide first aid in emergency situations. This study aims to analyze the construction of doctors' criminal liability in treating emergency patients based on Law Number 17 of 2023 concerning Health, the Indonesian Criminal Code, and health law doctrine in Indonesia. This study uses a normative juridical method with a statutory, conceptual, and case-based approach. The findings indicate that criminal liability for doctors in emergency services can only be imposed when an element of error in the form of gross negligence is proven, there is a causal relationship between the doctor's actions and the patient's harm, and there is no justification or excuse. The medical risks inherent in medical procedures cannot automatically be criminalized. On the other hand, doctors and healthcare facilities have a legal obligation to provide first aid to emergency patients without discrimination. This study emphasizes the need for a balanced legal formulation between patient protection and protection of the medical profession to avoid defensive medical practices in health services.
Civil Liability of Doctors for the Use of Dermal Fillers Without a Marketing Authorization in Medical Aesthetic Services Citra Cahyarini; Nanik Sutarni; Dwi Imroatus Sholikah; Rivan Picaso
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.570-590

Abstract

The use of dermal fillers in medical aesthetic services is growing rapidly because this procedure is considered to provide fast results, is minimally invasive, and is increasingly popular with the public. Dermal fillers are essentially non-surgical procedures to improve facial contours, reduce wrinkles, or increase soft tissue volume. However, this procedure still carries medical and legal risks and must be performed with safe, legal products that meet the doctor's competence. Legal issues arise when doctors use dermal fillers without a marketing authorization, because this action has the potential to violate medical device safety regulations, cause patient harm, and open up opportunities for civil liability. This study aims to analyze the civil liability of doctors in the use of dermal fillers without a marketing authorization using the Civil Code, consumer protection, and health law approaches. The results of the study indicate that doctors can be held liable based on unlawful acts, breach of contract, and breach of professional obligations and the obligation to ensure the legality of the products used. From a consumer protection perspective, patients are considered consumers of health services who have the right to security, correct information, and compensation for any losses incurred. The use of dermal fillers without a marketing authorization is not only an administrative violation but can also result in serious civil liability for doctors. 
Co-Authors burham pranawa Citra Cahyarini DWI IMROATUS SHOLIKAH Nanik Sutarni