Journal of Law, Poliitic and Humanities
Vol. 6 No. 4 (2026): (JLPH) Journal of Law, Politic and Humanities

The Noodtoestand Doctrine and the Limits of Physicians' Criminal Liability in Remote Emergency Medical Services

Matthew Antonio Ariellmaury Rajagukguk (Universitas Indonesia)
Nathalina Naibaho (Universitas Indonesia)



Article Info

Publish Date
22 Jun 2026

Abstract

This article examines the limits of physicians' criminal liability when emergency medical services are provided in remote areas with limited facilities, personnel, referral access, and diagnostic support. It uses normative legal research with statutory, conceptual, and comparative approaches. The analysis connects Indonesian criminal law, health law, medical practice regulation, medical ethics, and recent literature on emergency care, patient safety, rural health services, and the necessity defense. The article argues that noodtoestand cannot operate as blanket immunity. It must be tested through imminent danger, absence of reasonable alternatives, proportionality, good faith, professional competence, and accountable documentation. The article proposes conditional legal protection through professional review before criminal prosecution. This model protects physicians who act reasonably under constrained emergency conditions while preserving patient rights and medical accountability.

Copyrights © 2026






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...