Criminal Legal Politics Regarding Alleged Medical Malpractice As an Effort to Ensure Legal Certainty In Health Services In Indonesia

Indah Budiyanti (University of Bengkulu)

Journal of Law, Poliitic and Humanities
Vol. 6 No. 5 (2026): Journal of Law, Politic and Humanities (JLPH)

Criminal sanctions are the last resort (last resort), from a series of stages of enforcing a legal rule. This last resort is the ultimate measure if enforcement mechanisms in other areas of law are ineffective. However, in the development of criminal law in Indonesia, criminal sanctions have shifted in certain cases, no longer serving as the ultimum remedium but as the primum remedium (primary remedy). The provisions of criminal sanctions asfirst remedyin health services can be seen from the resolution of medical disputes that have an extraordinary and large impact on society, and no longer consider other sanctions, because it may be felt that it is appropriate to immediately use or impose criminal sanctions, which is not the last remedy, considering that there are still many cases of medical disputes that are detrimental to society, and this is the core of criminal law politics.