<![CDATA[The case of babies being switched at hospitals raises questions regarding the criminal liability of hospitals as healthcare providers. This study aims to examine the parties that can be held criminally liable in cases of babies being switched. In this study, the author applied a normative juridical method with a prescriptive analytical research nature, through a regulatory approach, a conceptual approach, and a case approach. Data collection was carried out through primary, secondary, and tertiary legal materials related to criminal law and health law. The results of the study indicate that the theory of responsibility for supervision of patient care fulfills the elements of hospital liability in cases of baby mix-ups, because the midwife's error occurred within the scope of the hospital's work. Even though the negligence was committed by the midwife, the hospital can still be held liable because the incident occurred within the scope of the hospital. Criminal liability based on the principle of vicarious liability in cases of baby mix-ups in hospitals means that hospitals may be subject to criminal liability for the negligence of midwives under their supervision. However, there is uncertainty regarding adequate legal protection for hospitals as the recipients of responsibility. The regulation of vicarious liability in Indonesian criminal law and in cases of baby mix-ups revision is needed through the addition of legal norms in Law Number 1 of 2023 concerning the Criminal Code and Law Number 17 of 2023 concerning Health, which covers the types of criminal acts and criminal sanctions included in vicarious liability.]]>
