Greenation International Journal of Law and Social Sciences
Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September

Updates to the Assembly's Recommendation Mechanism in Article 308 of Law Number 17 of 2023 concerning Health to Prevent Premature Investigations of Medical Personnel

Arthur Daniel Thomas Betlehem (Universitas Borobudur, Jakarta, Indonesia)
KMS Herman (Universitas Borobudur, Jakarta, Indonesia)



Article Info

Publish Date
22 Nov 2025

Abstract

Article 308 of Law Number 17 of 2023 concerning Health regulates the mechanism for recommendations from the panel prior to an investigation into medical personnel or health workers suspected of committing legal violations in the provision of health services. However, in practice, there are legal gaps, including unclear criteria for the panel in issuing recommendations, undefined professional standards, and consequences if the panel neglects or delays its recommendations. This gap has the potential to lead to premature investigations that can be detrimental to medical personnel. This study aims to analyze this legal gap and formulate proposals for reforming the panel's recommendation mechanism to make it clearer, more objective, and more effective in providing legal protection for medical personnel. The research method uses a normative-juridical approach, with an analysis of laws and regulations, legal doctrine, and case studies related to investigations of health workers. The results of this study are expected to form the basis for legal reform that guarantees legal certainty, transparency, and protection for the professional practices of medical personnel in the context of safe and responsible health services.

Copyrights © 2025






Journal Info

Abbrev

GIJLSS

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Greenation International Journal of Law and Social Sciences (GIJLSS) is a journal that uses a blind peer-review model that can be accessed online. GIJLSS aims to publish a journal containing quality articles that will be able to contribute thoughts from theoretical and empirical perspectives for the ...