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All Journal Jurnal Pengabdian Masyarakat dan Riset Pendidikan
Sumardiyanto, Muhammad Erland
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Humanities Education Languange, Linguistic, Communication & Media Mathematics Other

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Perlindungan Hukum Pidana Bagi Pasien Sebagai Korban Kejahatan Kesehatan: Penelitian Sumardiyanto, Muhammad Erland
Jurnal Pengabdian Masyarakat dan Riset Pendidikan Vol. 4 No. 3 (2026): Jurnal Pengabdian Masyarakat dan Riset Pendidikan Volume 4 Nomor 3 (Januari 202
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/jerkin.v4i3.4864

Abstract

Patients, as recipients of healthcare services, have the right to legal protection, particularly when they become victims of criminal acts in the healthcare sector. In practice, violations that cause physical, psychological, and material harm to patients are still common, both due to negligence and unlawful acts committed by healthcare workers or healthcare institutions. This study aims to analyze the forms of criminal legal protection for patients as victims of healthcare crimes and to measure the effectiveness of the application of criminal sanctions in providing justice and legal certainty. The research method used is normative legal research with a legal and contextual approach, through a review of the Criminal Code, Law Number 36 of 2009 concerning Health, and other related regulations. The results indicate that normatively, criminal legal protection for patients is regulated through criminal provisions governing acts of negligence, intentional acts, and violations of professional standards in the healthcare sector. However, in practice, obstacles remain, including the difficulty of proving other criminal elements, the unequal position between patients and healthcare workers, and victims' limited understanding of legal mechanisms. Therefore, strengthening regulations, improving law enforcement, and harmonizing criminal and healthcare laws are necessary to ensure effective protection for patients as victims of healthcare crimes.
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