Pembaharuan Hukum
Vol 13, No 2 (2026): Jurnal Pembaharuan Hukum

Civil and Criminal Liability of Hospitals Employing Unlicensed Medical Personnel: Legal Accountability and Patient Protection Framework

Rosita Dwi Yuliandari (Universitas Hang Tuah Surabaya)
Chomariyah Chomariyah (Universitas Hang Tuah Surabaya)
Andika Persada Putera (Universitas Hang Tuah Surabaya)
Adriano Adriano (Universitas Hang Tuah Surabaya)
Agung Pramono (Universitas Hang Tuah Surabaya)



Article Info

Publish Date
30 Aug 2026

Abstract

Hospitals, as healthcare providers, are legally required to offer safe, high-quality, and authorized medical services. Nonetheless, the employment of medical and healthcare staff lacking appropriate Registration Certificates and Practice Permits persists, presenting substantial dangers to patient safety and legal adherence. This study investigates the civil and criminal culpability of hospitals as corporate organizations for the employment of unlicensed medical staff. This study utilizes a normative legal research methodology, incorporating statutory and conceptual approaches, to analyze regulations related to health services, hospitals, and corporate liability in Indonesia, specifically Law Number 17 of 2023 concerning Health and the provisions on corporate criminal liability under the Indonesian Criminal Code. The results indicate that hospitals can be held civilly accountable for unlawful actions and under the doctrine of vicarious liability for damages incurred by patients as a result of improper medical practices. Furthermore, hospitals may face criminal culpability as companies if negligence, omission, or systemic management failures allow unlicensed individuals to deliver healthcare services. These findings underscore that the legality of medical professionals is a fundamental aspect of effective hospital governance. Enhancing internal licensing regulations and uniform law enforcement is crucial for guaranteeing legal certainty, safeguarding patients, and maintaining healthcare quality.

Copyrights © 2026






Journal Info

Abbrev

PH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Jurnal Pembaharuan Hukum is a scientific publication containing research article, case report and review article in Law area. This journal is published by the Faculty of Law Universitas Islam Sultan Agung three time a year. This journal gives a good opportunities for law researchers, lecturers, ...