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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Jurnal Ilmiah Kesehatan Masyarakat
Ida Bagus Tatwa Yatindra
Universitas Wisnuwardhana Malang
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LEGAL PROTECTION FOR SURGEONS AGAINST MEDICAL NEGLIGENCE RESULTING IN PERMANENT DISABILITY IN PATIENTS Ida Bagus Tatwa Yatindra; Carolina Kuntardjo; Marsudi Dedi Putra; Imam Ropii
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 2 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18459564

Abstract

This study examines the legal protection afforded to surgeons in cases of medical negligence resulting in permanent disability to patients within the Indonesian legal system. The issue arises from the high-risk nature of surgical procedures, where adverse medical outcomes are often directly associated with legal liability, potentially leading to the criminalization of medical professionals. This research employs a normative legal research method using a qualitative approach, incorporating statutory and case approaches through the analysis of legislation, court decisions, and legal doctrines related to medical malpractice. The findings indicate that surgeons’ liability for medical negligence is regulated through a layered legal regime encompassing criminal, civil, and professional disciplinary mechanisms as stipulated in Law Number 17 of 2023 on Health, the Criminal Code, and the Civil Code. The study further reveals that legal protection for surgeons is conditionally provided when medical actions comply with professional standards, standard operating procedures, and ethical principles, supported by mechanisms such as informed consent and professional disciplinary review. Ultimately, the regulation of medical negligence aims to ensure patient rights recovery while preventing excessive criminalization of the medical profession, thereby maintaining the sustainability and quality of healthcare services.
Tanggung Jawab Hukum Pelaku Usaha Pelayanan Kesehatan Tradisional: Studi Systematic Literature Review dalam Perspektif UU No. 17 Tahun 2023 Teguh Adi Partama; Repelita Witri; Ida Bagus Tatwa Yatindra; Marsudi Dedi Putra
SEHATMAS: Jurnal Ilmiah Kesehatan Masyarakat Vol. 4 No. 3 (2025): Juli 2025
Publisher : Yayasan Literasi Sains Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55123/sehatmas.v4i3.5589

Abstract

This study aims to evaluate and synthesize the legal responsibilities of traditional health service providers under Law No. 17 of 2023 on Health. Using a qualitative approach with a Systematic Literature Review (SLR) design, the research identifies regulatory developments and legal practices relevant to traditional health services in Indonesia. Data collection involved online databases such as Science Direct, PubMed, and Google Scholar, using keywords like “legal responsibility,” “traditional health services,” and “Health Law No. 17 of 2023.” Samples were purposively selected based on inclusion criteria, including publications from 2023 to 2025 explicitly discussing legal issues in traditional health services.The study employed a systematic protocol comprising selection guidelines, quality criteria, and data extraction formats. Thematic analysis was used to identify key patterns such as forms of legal responsibility, mechanisms for patient protection, and standards for traditional health practices. The findings reveal that Law No. 17 of 2023 provides a more comprehensive legal framework by regulating administrative obligations, civil responsibilities, and criminal sanctions for traditional health service providers. Additionally, the law strengthens patient protection mechanisms through quality standardization, practice licenses, and service transparency. Despite its limitation in not conducting field studies and potential bias from online literature, the research process upheld scientific integrity and academic transparency. The study significantly contributes to understanding the relevance of traditional health regulations in legal practice in Indonesia and serves as a foundation for future policy development.
Co-Authors Carolina Kuntardjo Imam Ropii Marsudi Dedi Putra Marsudi Dedi Putra Repelita Witri Teguh Adi Partama