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All Journal Contrarius Contrarius Series: Law & Social Justice
Ni Luh Gede Astariyani
Faculty of Law, Universitas Udayana, Denpasar
Education Energy Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Legal Protection of Doctors in the Handling of Medical Emergencies Ni Luh Gede Astariyani; Julio de Araujo da Silva
Contrarius Vol. 1 No. 3 (2025): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v1i3.215

Abstract

The legal relationship between doctors and patients in medical emergency situations gives rise to complex consequences in terms of professional liability. In practice, doctors who have complied with professional standards and established operational procedures frequently face civil, criminal, or disciplinary claims when treatment outcomes fail to meet patients’ or their families’ expectations. This condition reflects the fragility of legal protection for doctors in Indonesia, as existing regulations have not yet been constructed upon a substantive conception of justice. This study aims to examine the underlying causes of the absence of just legal protection for doctors, to identify weaknesses in the substance, structure, and legal culture of health law, and to formulate a reconstruction of legal norms based on the value of dignified justice. Using a qualitative research design, this study employs a doctrinal (normative) legal research method through statutory analysis and a review of health law doctrines and relevant legal literature. The findings reveal that, first, the legal framework governing medical emergency services in Indonesia remains insufficiently grounded in justice-based values, resulting in normative ambiguity and disproportionate legal exposure for doctors acting in good faith and in accordance with professional standards. Second, overlapping authority among ethical, disciplinary, and criminal law institutions generates structural weaknesses that create legal uncertainty and subject doctors to multiple accountability mechanisms for a single medical action. Third, the prevailing legal culture tends to equate adverse medical outcomes with malpractice, rather than recognizing inherent medical risks and emergency constraints, thereby reinforcing a punitive orientation toward medical professionals. This study concludes that regulatory reconstruction grounded in the value of dignified justice is necessary to ensure proportional and fair legal protection for doctors in medical emergency services.
Functional Erosion of Law and the Genesis of Moral Vacuum: An Analysis of Causality in Aquinas' Lex Naturalis Perspective on Threats to Civilization Made Hendra Wijaya; Ni Luh Gede Astariyani; Yogi Yasa Wedha
Contrarius Series: Law & Social Justice Vol. 1 No. 1 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i1.37

Abstract

This article discusses the functional erosion of law, which has shifted from being a protector of justice (regula iuris) to an instrument of power (instrumentum regni) through rigid formalism. This dysfunction erodes substantive justice, creates a moral vacuum in society, and results in ethical degradation, weakened communal responsibility, and a loss of public trust. This article uses normative legal research, specifically tracing the direct causal relationship between the weakening of legal effectiveness and public moral decay, a correlation that is rarely discussed comprehensively in the literature. Through a deconstruction of the crisis of legal legitimacy within the framework of Thomas Aquinas, this article identifies that contemporary legal problems stem from the disconnection of lex humana (positive law) from lex naturalis (natural law) and lex aeterna (eternal law). Law that ignores Aquinas' morality is degraded into lex iniusta (unjust law), losing its validity and moral binding force. The novelty of this article lies in its systematic emphasis on the causal mechanism between the loss of the instrumental power of law and the moral collapse of society. As a solution, this article emphasizes the urgency of restoring the teleological function of law as a guardian of morality and a pillar of civilization. This requires the re-integration of the principle of lex naturalis into the substance and implementation of positive law, making law a moral orthodoxy based on substantive justice and bonum commune. Implementation strategies include the internalization of morality in legislation, the strengthening of legal ethics education, the reconstitution of the legitimacy of legal institutions through accountability and transparency, and the stimulation of morality-based public participation. The revitalization of lex humana as a guardian of morality is a philosophical and practical imperative, requiring collective synergy to revive the moral consciousness of society so that the law authentically reflects universal justice
Co-Authors Julio de Araujo da Silva Made Hendra Wijaya Yogi Yasa Wedha