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All Journal Media Hukum Indonesia (MHI)
Muhamad Abdul Aziz Hasibuan
Fakultas Hukum UPN Veteran Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice

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The Failure of Lex Temporalis to Protect Medical Professionals: An Analysis of Reactive Law in the Palembang Medical Intern Case and the Augustinian Demand for Justice Muhamad Abdul Aziz Hasibuan; Muhamad Yaseer Zaydan
Media Hukum Indonesia (MHI) Vol 4, No 3 (2026): September 2026
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.23658921

Abstract

Medical clerkship doctors occupy a structurally vulnerable position because they are students who provide health services without holding a Registration Certificate or Practice License. This study examines the legal protection afforded to a clerkship doctor who was physically assaulted in Palembang on 10 December 2024, before and after the case attracted public attention, and evaluates post-viral law enforcement through Augustine’s maxim lex iniusta non est lex. It employs a normative juridical method with a legal philosophy approach, drawing on primary, secondary, and tertiary legal materials. The findings reveal a gap between the protections provided in Law Number 17 of 2023 on Health (das sollen) and their enforcement in practice (das sein), which accelerated only after public pressure intensified. Procedurally, post-viral enforcement did proceed. Substantively, however, it fails to satisfy moral justice in the Augustinian sense, because it was driven by the need to restore institutional image rather than to fulfil the victim’s rights. Justice conditioned on virality also produces structural inequality for victims whose cases never go viral.
Co-Authors Muhamad Yaseer Zaydan