Media Hukum Indonesia (MHI)
Vol 4, No 3 (2026): September 2026

The Failure of Lex Temporalis to Protect Medical Professionals: An Analysis of Reactive Law in the Palembang Medical Intern Case and the Augustinian Demand for Justice

Muhamad Abdul Aziz Hasibuan (Fakultas Hukum UPN Veteran Jakarta, Indonesia)
Muhamad Yaseer Zaydan (Fakultas Hukum UPN Veteran Jakarta, Indonesia)



Article Info

Publish Date
26 Oct 2026

Abstract

Medical clerkship doctors occupy a structurally vulnerable position because they are students who provide health services without holding a Registration Certificate or Practice License. This study examines the legal protection afforded to a clerkship doctor who was physically assaulted in Palembang on 10 December 2024, before and after the case attracted public attention, and evaluates post-viral law enforcement through Augustine’s maxim lex iniusta non est lex. It employs a normative juridical method with a legal philosophy approach, drawing on primary, secondary, and tertiary legal materials. The findings reveal a gap between the protections provided in Law Number 17 of 2023 on Health (das sollen) and their enforcement in practice (das sein), which accelerated only after public pressure intensified. Procedurally, post-viral enforcement did proceed. Substantively, however, it fails to satisfy moral justice in the Augustinian sense, because it was driven by the need to restore institutional image rather than to fulfil the victim’s rights. Justice conditioned on virality also produces structural inequality for victims whose cases never go viral.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...