<![CDATA[Medical malpractice is a legal issue in the health sector that often sparks debate regarding the accountability mechanisms for healthcare workers. In practice, the resolution of malpractice cases is often directly linked to general criminal provisions in the Criminal Code (KUHP), even though the health sector already has specific regulations through Law Number 17 of 2023 concerning Health. This raises issues regarding the application of the lex specialis derogat legi generali principle in law enforcement against medical personnel. This study aims to analyze the application of the lex specialis derogat legi generali principle in medical malpractice cases based on Law Number 17 of 2023 concerning Health and its implications for legal protection for medical personnel and patients. The study uses a normative legal research method with a statute approach and a conceptual approach . The results of the study indicate that the application of the principle of lex specialis derogat legi generali places the mechanism for enforcing professional discipline as the initial stage in handling alleged medical malpractice through the Professional Disciplinary Council as regulated in Article 304 of Law Number 17 of 2023 concerning Health, the implementation of which is further regulated in Government Regulation Number 28 of 2024 and Regulation of the Minister of Health Number 3 of 2025. This mechanism is used to assess alleged violations based on professional standards, service standards, standard operating procedures, and professional ethics before applying administrative, civil, or criminal liability based on Law Number 1 of 2023 concerning the Criminal Code. The application of this principle provides legal certainty for medical personnel through a professional assessment mechanism, while still guaranteeing legal protection for patients through the fulfillment of their rights, enforcement of professional discipline, and the right to demand accountability if a violation is proven.]]>
