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Yulia Moeslim
Universitas Jayabaya, Indonesia
Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection of Medical Personnel in Resolving Alleged Medical Malpractice Disputes under Indonesian Health Law Rudy Sapoelete; Ali Sundiharja; Yulia Moeslim
Research Horizon Vol. 6 No. 4 (2026): Research Horizon - Agustus 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.4.2026.1534

Abstract

Health services are a fundamental component of human rights and require a legal framework that protects patients while providing legal certainty for medical personnel. This study analyzes the regulation of legal protection for medical personnel in alleged medical malpractice disputes, examines the limits of their legal liability when professional standards are met, and proposes an ideal model of legal protection and dispute resolution under Indonesian health law. This study employs a normative juridical method using statutory, conceptual, and analytical approaches. Legal materials consist of primary, secondary, and tertiary sources analyzed through qualitative descriptive-analytical methods and legal interpretation. The findings show that legal protection is established through preventive mechanisms, including professional standards, service standards, Standard operating procedures, informed consent, ethics, and professional discipline, and repressive mechanisms involving disciplinary proceedings, mediation, restorative justice, and litigation. Medical personnel should not be held liable solely because of adverse outcomes when they have met professional standards. The ideal model emphasizes balance, professional accountability, legal certainty, and restorative justice, with criminal proceedings as an ultimum remedium. This approach can strengthen patient protection while preventing unjustified criminalization of medical personnel.
Co-Authors Ali Sundiharja Rudy Sapoelete