Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 2 (2024): Pena Justisia

LEGAL CERTAINTY OF GROSS NEGLIGENCE AS AN ELEMENT OF CRIMINAL LIABILITY FOR MEDICAL PROFESSIONALS: PROBLEMS AND IMPLICATIONS

I Made Wirya Darma (Universitas Pendidikan Nasional)



Article Info

Publish Date
17 Jun 2024

Abstract

The legal certainty regarding the requirement of gross negligence as one of the elements of criminalization for medical personnel has become a debated issue due to the absence of clear boundaries in the laws and regulations, resulting in difficulties for judges in determining the criteria for gross negligence and potentially leading to legal uncertainty and injustice. This research aims to analyze the legal certainty regarding the requirement of gross negligence as one of the elements of criminalization for medical personnel in the applicable laws and regulations in Indonesia, as well as to examine the implications of this legal uncertainty on law enforcement and public trust in the medical profession. This research utilizes a normative legal research method with a statutory and conceptual approach, and collects data through library research on relevant primary, secondary, and tertiary legal materials. The analysis is carried out using content analysis techniques and legal interpretation. The research results reveal that the legal certainty regarding the requirement of gross negligence as one of the elements of criminalization for medical personnel is still unclear in the applicable laws and regulations in Indonesia. The lack of a clear definition and criteria regarding gross negligence in the Criminal Code and the Health Law leads to legal uncertainty and difficulties for judges in determining whether a case can be categorized as gross negligence, which has the potential to cause disparities in court decisions. This condition has significant implications for fair and consistent law enforcement, public trust in the medical profession, and the evidentiary process, which becomes more difficult. Therefore, efforts are needed to clarify the legal certainty regarding the requirement of gross negligence to ensure justice and legal certainty for all parties.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...