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Agung Pramono
Universitas Hang Tuah Surabaya

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Civil and Criminal Liability of Hospitals Employing Unlicensed Medical Personnel: Legal Accountability and Patient Protection Framework Rosita Dwi Yuliandari; Chomariyah Chomariyah; Andika Persada Putera; Adriano Adriano; Agung Pramono
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 providers, are legally required to offer safe, high-quality, and authorized medical services. Nonetheless, the employment of medical and healthcare staff lacking appropriate Registration Certificates and Practice Permits persists, presenting substantial dangers to patient safety and legal adherence. This study investigates the civil and criminal culpability of hospitals as corporate organizations for the employment of unlicensed medical staff. This study utilizes a normative legal research methodology, incorporating statutory and conceptual approaches, to analyze regulations related to health services, hospitals, and corporate liability in Indonesia, specifically Law Number 17 of 2023 concerning Health and the provisions on corporate criminal liability under the Indonesian Criminal Code. The results indicate that hospitals can be held civilly accountable for unlawful actions and under the doctrine of vicarious liability for damages incurred by patients as a result of improper medical practices. Furthermore, hospitals may face criminal culpability as companies if negligence, omission, or systemic management failures allow unlicensed individuals to deliver healthcare services. These findings underscore that the legality of medical professionals is a fundamental aspect of effective hospital governance. Enhancing internal licensing regulations and uniform law enforcement is crucial for guaranteeing legal certainty, safeguarding patients, and maintaining healthcare quality.