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Asep Sapsudin
Universitas Islam Nusantara, Indonesia
Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Paradigm Shift in Legal Protection of Health Workers Before and After the 2023 Health Law: A Comparative Review M. Yadi Mahendra Muhyin; Asep Sapsudin
Research Horizon Vol. 6 No. 3 (2026): Research Horizon - Juni 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.3.2026.1139

Abstract

Law Number 17 of 2023 strengthens legal protection for medical personnel and healthcare workers through an omnibus approach, addressing prior regulatory fragmentation and unclear distinctions between medical risk and negligence that led to legal uncertainty, criminalization risks, and defensive medicine that undermined service quality and efficiency. This study analyzes differences in the construction of legal protection before Law Number 17 of 2023 on Health, examines the implications of the paradigm shift in medical dispute resolution toward legal certainty and substantive justice, and formulates policy recommendations to strengthen a more just and proportionate national health law ecosystem. This normative legal research uses statutory, comparative, and conceptual approaches with qualitative-prescriptive analysis, based on Radbruch, Friedman, and Pound theories. The findings show that Law Number 17 of 2023 shifts the punitive model into a restorative model by strengthening protection based on professional standards, disciplinary board recommendations as an initial filter, and prioritization of dispute resolution through alternative mechanisms outside the court system. Therefore, the law in question provides a clearer, hierarchical legal foundation to protect healthcare workers. However, its effectiveness depends on harmonized implementing regulations, institutional strengthening, and balanced protection between healthcare workers’ legal safeguards and patients’ right to remedies.
Legal Responsibility of Doctors for Misdiagnosis in the Era of Artificial Intelligence Hardinata Hardinata; Asep Sapsudin
Research Horizon Vol. 6 No. 3 (2026): Research Horizon - Juni 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.3.2026.1156

Abstract

Artificial Intelligence (AI) integration in medical diagnostics has transformed healthcare services by improving diagnostic speed, accuracy, and efficiency. However, the use of AI also raises complex legal issues concerning liability when misdiagnosis occurs and causes harm to patients. This study aims to analyze the forms of legal responsibility arising from AI-assisted medical misdiagnosis and to formulate an ideal legal framework capable of ensuring legal certainty and patient protection in Indonesia. The research employs a normative juridical method with a descriptive-analytical approach through statutory and conceptual analyses. Data were collected through library research using primary, secondary, and tertiary legal materials related to health law, criminal law, medical malpractice, and AI governance. The findings reveal that legal responsibility in AI-assisted diagnosis encompasses civil, criminal, and administrative liability involving physicians, healthcare facilities, and AI developers. This study proposes a multi-layer liability model that proportionally distributes accountability according to each party’s role and control. The study concludes that adaptive and comprehensive AI regulations are urgently required to ensure patient safety, technological accountability, legal certainty, and sustainable innovation in digital healthcare services.
Co-Authors Hardinata Hardinata M. Yadi Mahendra Muhyin