Jurnal Multidisiplin Indonesia
Vol. 5 No. 4 (2026): (2026): Jurnal Multidisiplin Indonesia

Legal Protection for Doctors Providing Health Services: A Study of Decision Number 365 K/Pid/2012

Mahruzar, Rudi (Unknown)
Simarmata, Marice (Unknown)
Sahlepi, Muhammad Arif (Unknown)



Article Info

Publish Date
28 Apr 2026

Abstract

Legal protection for doctors in the provision of health care services remains an important issue within the Indonesian legal system. This study analyzes the application of the principle of lex posterior derogat legi priori in Supreme Court Decision Number 365 K/Pid/2012 as well as the legal protection afforded to doctors. Objectives: a. To determine how the principle of lex posterior derogat legi priori is applied in the case of Supreme Court Decision Number 365 K/Pid/2012. b. To determine how legal protection is provided to doctors who deliver medical services to patients. The method used is normative juridical research with a statutory approach, a conceptual approach, and a case study of Supreme Court Decision Number 365 K/Pid/2012. Results: In Supreme Court Decision Number 365 K/Pid/2012, a normative conflict occurred between the Criminal Code (KUHP) as general criminal law and the Medical Practice Law as a newer and more specific law. The judicial review decision that acquitted the defendant reflects the application of the principle of lex posterior derogat legi priori as well as the positioning of criminal law as ultimum remedium. In the context of current positive law, the enactment of Law Number 17 of 2023 on Health and Criminal Code Number 1 of 2023 further strengthens legal protection for doctors who carry out their practice in accordance with professional standards and operational procedures. 1. Supreme Court Decision Number 365 K/Pid/2012 demonstrates the application of the principle of lex posterior derogat legi priori. 2. The importance of legal protection for doctors

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Journal Info

Abbrev

rp

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Veterinary

Description

Journal Multidisiplin Indonesia is an national /scientific journal, double-blind peer-reviewed, open acces journal published monthly by CV Riviera Publishing. Journal Multidisiplin Indonesia provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the ...