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All Journal Ius Poenale Wicarana
Lamawatu, Nuril F.
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Depenalisasi Tenaga Medis yang Berpraktik Tanpa Surat Izin Izin Praktik Setelah Pemberlakuan UU Kesehatan Tahun 2023 Manuaba, Ida Ayu Lidya Nareswari; Potabuga, Siska Dewi Indriani; Lamawatu, Nuril F.
Ius Poenale Vol. 5 No. 2 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i2.3599

Abstract

The background of this research is that a doctor, as a medical professional, plays a crucial role in the healing process of patients based on knowledge and competence. The issue of doctors practicing without a valid practice license (SIP) has often been heard before the enactment of Law Number 17 of 2023 concerning Health, where the regulation on criminal sanctions for doctors practicing without an SIP was found in Law Number 29 of 2004 concerning Medical Practice. However, after the enactment of Law Number 17 of 2023 concerning Health, the regulation on criminal sanctions has been removed, leaving only administrative sanctions in effect. This research aims to explore the concept of depenalization for medical personnel practicing without a valid practice license after the enactment of Law Number 17 of 2023 concerning Health. The type of research used in this study was normative research, employing both a statutory approach and a conceptual approach. The findings of the study indicate that if the actions of the doctor can be proven in a factual judgment (judex facti), the concept of depenalization with the imposition of criminal sanctions should be considered, while setting aside the principle of economic deterrence.
“ABORTION DATA JUSTICE”: KETIMPANGAN DATA, KRIMINALISASI TERSELUBUNG, DAN INVISIBILITAS PEREMPUAN DALAM STATISTIK KESEHATAN Lamawatu, Nuril F.
WICARANA Vol 4 No 2 (2025): September
Publisher : Kantor Wilayah Kementerian Hukum Daerah Istimewa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57123/wicarana.v4i2.247

Abstract

This paper examines how abortion data within Indonesia’s national health information system fails to reflect social realities and contributes to hidden criminalization and the statistical invisibility of women—further reinforcing structural injustice within the public health system. This study employs a normative legal research method with a qualitative descriptive approach, drawing on literature review and feminist analysis of secondary data and prevailing legal frameworks. The findings reveal that the absence of comprehensive and accurate abortion data in health statistics results in the institutional neglect of women’s experiences, particularly among poor and marginalized groups. Criminalization and stigma are key drivers of data suppression within health facilities, while national survey systems such as the Demographic and Health Survey (SDKI) omit critical variables such as age, reasons for abortion, marital status, and types of service providers. Consequently, the state fails to develop inclusive and evidence-based reproductive health policies. In response, this paper proposes three key recommendations: (a) reformulating abortion data regulations through derivative policies and technical guidelines for service documentation; (b) developing a national survey system and instruments that comprehensively include abortion-related data; and (c) revitalizing legal and ethical education for medical professionals on reproductive rights, legal boundaries, and responsible medical documentation. The concept of abortion data justice is offered as a framework to build an ethical, participatory, and equitable data system for women.
Co-Authors Manuaba, Ida Ayu Lidya Nareswari Potabuga, Siska Dewi Indriani