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Chomariyah Chomariyah
Faculty of Law, Hang Tuah University, Surabaya, Indonesia
Law, Crime, Criminology & Criminal Justice

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CIVIL AND CRIMINAL LIABILITY OF HOSPITALS FOR EMPLOYING MEDICAL PERSONNEL WITHOUT A LICENSE Rosita Dwi Yuliandari; Chomariyah Chomariyah; Adriano Adriano
Jurnal Pembaharuan Hukum Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i2.50602

Abstract

Hospitals, as healthcare service providers, are legally obligated to deliver safe, high-quality, and lawful medical services. Nevertheless, the practice of employing medical and healthcare personnel without valid Registration Certificates (STR) and Practice Permits (SIP) remains prevalent, posing significant risks to patient safety and legal compliance. This study examines the civil and criminal liability of hospitals as corporate legal entities for employing unlicensed medical personnel. Using a normative legal research method with statutory and conceptual approaches, this study analyzes Indonesian health, hospital, and corporate liability regulations. The findings demonstrate that hospitals may be held civilly liable based on unlawful acts and the doctrine of vicarious liability for losses suffered by patients due to unauthorized medical practice. Moreover, hospitals may incur criminal liability as corporations where negligence, omission, or systemic management failures enable unlicensed personnel to provide healthcare services. These findings emphasize that ensuring the legality of medical personnel constitutes a core element of good hospital governance. Strengthening internal licensing controls and consistent law enforcement is essential to ensure legal certainty, patient protection, and healthcare quality.
Co-Authors Adriano Adriano Rosita Dwi Yuliandari