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IMPLEMTASI RESTORATIVE JUSTICE TERHADAP TINDAK PIDANA MEDIK AKIBAT KESALAHAN DIAGNOSIS BERBASIS ARTIFICIAL INTELLIGENCE DALAM PELAYANAN KESEHATAN DI INDONESIA Beni Satria
Berajah Journal Vol. 6 No. 4 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i4.677

Abstract

The rapid adoption of Artificial Intelligence (AI) in diagnostic processes across Indonesian healthcare facilities has not been matched by an adequate legal framework for determining liability when an AI system produces a diagnostic error that harms a patient. The retributive approach embodied in the criminal sanctions of Article 440 and Article 447 of Law Number 17 of 2023 on Health is considered insufficiently capable of addressing the complex relationship between medical personnel, healthcare providers, and technology developers in AI-based medical crimes. This study aims to analyze the characteristics of medical crimes arising from AI-based diagnostic errors and to examine the relevance of restorative justice as an alternative dispute resolution mechanism in Indonesian healthcare services. The study employs a normative juridical method using statutory and conceptual approaches, analyzed descriptively and qualitatively on primary, secondary, and tertiary legal materials. The findings show that the absence of specific technical regulation on medical AI generates uncertainty in determining the subject of criminal liability, while the restorative justice principles under Attorney General Regulation Number 15 of 2020 could potentially be adapted for such cases, provided that intent (mens rea) is not dominant and patient harm can be restored through relationship-based recovery mechanisms. The study recommends the formulation of technical guidelines for applying restorative justice specifically to AI-based medical crimes, coupled with strengthened algorithm auditing and safety certification of medical AI systems.
PERTANGGUNGJAWABAN PIDANA TERHADAP PENGGUNAAN AUTONOMOUS MEDICAL DEVICE DALAM PELAYANAN KESEHATAN DI INDONESIA Beni Satria
Berajah Journal Vol. 6 No. 4 (2026): Berajah Journal
Publisher : CV. Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/bj.v6i4.678

Abstract

The advancement of health technology has driven the entry of autonomous medical devices—artificial-intelligence-based medical instruments capable of performing diagnosis, clinical decision-making, and even medical actions with minimal human intervention into healthcare practice in Indonesia. The use of such devices raises new legal issues, particularly concerning the party that may be held criminally liable when a system error or failure causes harm to a patient, given that Indonesia's criminal law system still rests on the principle of fault (mens rea), which can only attach to a legal subject, whether a natural person or a corporation. This study aims to analyze the construction of criminal liability for the use of autonomous medical devices in healthcare services in Indonesia based on Law Number 17 of 2023 on Health together with its implementing regulations, and Law Number 1 of 2023 on the Criminal Code. This study employs a normative juridical method with a statute approach and a conceptual approach, supported by primary, secondary, and tertiary legal materials analyzed in a descriptive-qualitative manner. The findings indicate that autonomous medical devices are not yet recognized as legal subjects, so their position remains that of an object or instrument, and criminal liability for their failure remains attached to medical personnel, healthcare facilities as corporations, and/or device manufacturers, depending on where the fault lies within the chain of the device's use. This study also identifies a legal vacuum in the technical regulation of safety standards, certification, and the proof of algorithmic causation, indicating the need for more specific derivative regulations so that the principles of legal certainty and patient protection can be optimally fulfilled.