Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 24 No. 2 (2025): Pena Justisia

Legal and Clinical Implications of Suspected Malpractice in Cesarean Section: A Case Study of Bekasi Regional Public Hospital

Desy Kartika Ningsih (Unknown)



Article Info

Publish Date
10 Oct 2025

Abstract

This study analyses the interrelationship between alleged medical malpractice, patient safety, and legal accountability through a case study of a suspected malpractice incident during a cesarean section at Bekasi Regional Public Hospital (RSUD Bekasi) in 2025. Using a juridical-normative approach combined with empirical case analysis, the research applies Donabedian’s quality of care framework and examines Indonesian legal instruments, particularly Law No. 17 of 2023 on Healthcare. Data were collected from statutory provisions, court archives, national media reports, and scholarly literature, and analysed qualitatively through normative interpretation and triangulation of legal norms, theory, and factual findings. The results indicate three key deficiencies: (1) limited implementation of standard operating procedures and informed consent; (2) weak institutional oversight and patient safety culture; and (3) slow, costly, and opaque dispute resolution mechanisms that hinder access to justice. Comparative analysis with international practices shows that Indonesia’s legal governance remains fragmented, with insufficient integration between healthcare regulation and professional accountability. The study concludes that comprehensive reform is required to strengthen patient protection through clear regulatory mechanisms, independent medical audits, and the development of a no-fault compensation system that ensures both patient rights and medical professionalism.

Copyrights © 2025






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 ...