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Hotmaria Hertawaty Sijabat
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ANALISIS YURIDIS MALPRAKTIK MEDIS DALAM PERSPEKTIF HUKUM KESEHATAN DAN PERLINDUNGAN PASIEN DI INDONESIA Gunawan Widjaja; Hotmaria Hertawaty Sijabat
ZAHRA: JOURNAL OF HEALTH AND MEDICAL RESEARCH Vol. 5 No. 4 (2026): ZAHRA (JOURNAL OF HEALTH AND MEDICAL RESEARCH)
Publisher : CV. ADIBA AISHA AMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21450983

Abstract

Cases of alleged medical malpractice in Indonesia have shown a significant upward trend, with 51 complaints of professional disciplinary breaches between 2023 and 2025 and 24 cases resulting in patient deaths. This study aims to analyse medical malpractice from a legal perspective, focusing on health law and patient protection in Indonesia. The research method employs a normative legal approach with a conceptual legislative framework. The findings indicate that medical malpractice constitutes a complex legal offence involving three dimensions—civil, criminal and administrative law—with negligence, medical procedural errors and breaches of professional standards as key elements. Law No. 17 of 2023 on Health, through Articles 440 and 447, introduces a new, more specific framework for criminal liability applicable to healthcare professionals and hospitals based on the doctrine of vicarious liability. Legal protection for patients who are victims of malpractice is still not functioning optimally, even though patients’ rights are guaranteed in law, due to the heavy burden of proof, limited access to medical records, and administrative sanctions that lack a deterrent effect. This study concludes that there is a need for health law reform to strengthen patients’ access to justice, clarify the responsibilities of healthcare professionals, and reinforce professional oversight mechanisms so that the principle of substantive justice is truly realised.
TANGGUNG JAWAB HUKUM TENAGA KESEHATAN TERHADAP PELANGGARAN INFORMED CONSENT DALAM PELAYANAN MEDIS Gunawan Widjaja; Hotmaria Hertawaty Sijabat
ZAHRA: JOURNAL OF HEALTH AND MEDICAL RESEARCH Vol. 5 No. 4 (2026): ZAHRA (JOURNAL OF HEALTH AND MEDICAL RESEARCH)
Publisher : CV. ADIBA AISHA AMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21451006

Abstract

This study aims to analyse the legal liability of healthcare professionals for breaches of informed consent in medical practice through a literature review. Informed consent is a legal and ethical foundation that must be applied prior to any medical procedure, in accordance with Article 293(1) of Law No. 17 of 2023 on Health and Minister of Health Regulation No. 290/Menkes/Per/III/2008. The results of the study indicate that breaches of informed consent can occur in three main forms: failure to provide information, provision of incomplete or misleading information, and obtaining invalid consent. The legal liability of healthcare professionals encompasses four forms: civil liability under Article 1365 of the Civil Code for unlawful acts; criminal liability under Articles 359 and 351 of the Criminal Code; administrative liability in the form of sanctions ranging from a reprimand to the revocation of a practising licence; and professional disciplinary liability under the Indonesian Medical Council (MKDKI). Hospitals, as corporations, are liable under the doctrines of strict liability and vicarious liability in accordance with Article 1367 of the Civil Code and Article 46 of the Hospitals Act. This study recommends strengthening regulations, improving healthcare professionals’ communication skills, and raising awareness of patients’ rights to prevent future breaches of informed consent.
PERLINDUNGAN HUKUM TERHADAP DATA REKAM MEDIS PASIEN DALAM ERA DIGITALISASI LAYANAN KESEHATAN DI INDONESIA Gunawan Widjaja; Hotmaria Hertawaty Sijabat
ZAHRA: JOURNAL OF HEALTH AND MEDICAL RESEARCH Vol. 5 No. 4 (2026): ZAHRA (JOURNAL OF HEALTH AND MEDICAL RESEARCH)
Publisher : CV. ADIBA AISHA AMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21451032

Abstract

The digitalisation of healthcare services in Indonesia has driven the use of electronic health records as part of efforts to improve efficiency, data integration and the quality of care. However, this development has also raised serious legal issues, particularly regarding the protection of patients’ personal and sensitive medical records. This study aims to analyse the legal protection of patients’ medical records in the era of healthcare digitalisation in Indonesia, examine the challenges and weaknesses of existing regulations, and review efforts to strengthen such data protection. This study employs a literature review using a normative legal approach through the analysis of legislation, academic journals, and relevant literature. The findings indicate that Indonesia already possesses a sufficiently robust legal framework through Law No. 27 of 2022 on the Protection of Personal Data, Law No. 17 of 2023 on Health, and Minister of Health Regulation No. 24 of 2022 on Medical Records. However, implementation still faces challenges in the form of regulatory harmonisation, digital infrastructure readiness, low data security literacy, and sub-optimal oversight. Therefore, there is a need to strengthen technical regulations, enhance human resource capacity, and ensure consistent law enforcement so that the protection of patients’ medical records can function effectively within the digital healthcare system.
STRATEGI BRANDING RUMAH SAKIT DALAM MENINGKATKAN KEPERCAYAAN DAN LOYALITAS PASIEN Hotmaria Hertawaty Sijabat
ZAHRA: JOURNAL OF HEALTH AND MEDICAL RESEARCH Vol. 5 No. 4 (2026): ZAHRA (JOURNAL OF HEALTH AND MEDICAL RESEARCH)
Publisher : CV. ADIBA AISHA AMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21451054

Abstract

This article discusses hospital branding strategies aimed at enhancing patient trust and loyalty. Amid increasingly fierce competition in the healthcare sector, hospitals are required not only to provide high-quality medical care but also to build a credible, professional and patient-centred image. Strong branding is a key factor influencing public perception of the quality of hospital services. Through consistent, transparent and human-centred branding, hospitals can instil a sense of security and confidence in patients when choosing healthcare services. This article is based on a literature review, examining various sources relating to hospital branding, patient trust and patient loyalty. The findings indicate that patient trust is built through consistent service quality, clear communication, a good reputation and positive service experiences. Furthermore, this trust forms the basis for patient loyalty, which is reflected in the willingness to use the hospital’s services again and to recommend them to others. Thus, hospital branding serves not only as a promotional tool but also as a long-term strategy to strengthen the relationship between the hospital and its patients.
PENGARUH BRANDING LAYANAN KESEHATAN TERHADAP CITRA INSTITUSI DAN KEPUTUSAN PASIEN Gunawan Widjaja; Hotmaria Hertawaty Sijabat
ZAHRA: JOURNAL OF HEALTH AND MEDICAL RESEARCH Vol. 5 No. 4 (2026): ZAHRA (JOURNAL OF HEALTH AND MEDICAL RESEARCH)
Publisher : CV. ADIBA AISHA AMIRA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21451069

Abstract

This study examines the influence of healthcare branding on institutional image and patient decision-making. Branding in the healthcare sector is a key strategy for healthcare institutions to build their identity, enhance trust, and create a positive perception amongst the public. A positive institutional image strengthens the reputation of healthcare services, whilst patients’ decisions regarding service selection are significantly influenced by their perceptions of quality, credibility and experience, which are shaped through branding. This study employs a literature review method, examining various relevant academic sources, such as books, journal articles, and previous research findings. The results of the review indicate that healthcare service branding plays a vital role in shaping a positive institutional image and significantly influences patient decision-making. Therefore, consistent branding management that is oriented towards patient needs is a strategic factor in enhancing the competitiveness of healthcare institutions.
Co-Authors Gunawan Widjaja