Mimbar Hukum
Vol 37 No 1 (2025): Mimbar Hukum

Doctor’s Legal Obligation to Act as a Good Samaritan in Indonesia: Is It Ethically Justifiable?

Henryanto, Agathon (Unknown)
Oswari, Jessica Sylvanie (Unknown)



Article Info

Publish Date
15 Jun 2025

Abstract

Abstract The Good Samaritan Law, which principles are widely implemented globally, were not applied under Indonesia’s legal framework. Instead of ensuring adequate legal protection for “the Good Samaritan,” Indonesian law enforces their obligations under threat of legal repercussions. The law is even stricter when the Good Samaritan is a doctor. Current regulations create dilemmas for doctors especially when facing emergency situations, torn between saving lives and avoiding legal consequences. To address this, our paper employs normative (doctrinal) legal research which proposes three solutions: Firstly, Indonesian law should adopt the comprehensive Good Samaritan Law model. Second, shifting burdens of proof from doctors to the complainants. Lastly, it is crucial to synchronize the mechanism to submit a complaint against doctors to the authoritative institutions. These aim to overcome the legal and ethical issues surrounding the obligations and protections for doctors acting as Good Samaritans in Indonesia. Abstrak

Copyrights © 2025






Journal Info

Abbrev

MH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Mimbar Hukum is an academic journal for Legal Studies published by Journal and Publication Unit of the Faculty of Law, Universitas Gadjah Mada. Mimbar Hukum contains several researches and reviews on selected disciplines within several branches of Legal Studies (Sociology of Law, History of Law, ...