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All Journal Journal Indonesia Law and Policy Review (JILPR) Kasta: Jurnal Ilmu Sosial, Agama, Budaya dan Terapan Law and Economics
Tresna, I Komang
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : law and economics

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Legal Liability of Military Doctors for Medical Malpractice within the In-donesian Legal System Tresna, I Komang
Law and Economics Vol. 20 No. 1 (2026): February: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v20i1.298

Abstract

Medical services provided by military doctors have distinctive characteristics due to their position under both health law and military law regimes. This dual legal framework raises specific legal issues when allegations of medical malpractice occur, particularly concerning the legal liability of military doctors. This study seeks to examine the legal accountability of military physicians for medical negligence within the Indonesian legal framework. This study utilizes a normative legal methodology incorporating legislative, conceptual, and case analyses. The legal resources comprise primary, secondary, and tertiary legal sources. The results demonstrate that military physicians are governed by national health legislation while adhering to the specific stipulations of military law. The legal accountability of military physicians for medical misconduct may manifest as criminal, civil, and administrative culpability, enforced through legal frameworks that ensure legal certainty, justice, and patient safeguarding. This research advances health law and the enforcement of legal accountability for military medical professionals in Indonesia
Co-Authors Francis Maryane Pattynama Isfihan, Emirald Romadhon , Ahmad Heru Utami, Rahayu Sri