Criminalization of Medical Error in Indonesia: A Critical Review of Professional Autonomy, Patient Protection, and the Limits of Penal Law

Abstract

Introduction: The criminalization of medical errors in Indonesia represents an ongoing systemic conflict between safeguarding professional autonomy, protecting patient rights, and defining the legitimate limits of penal law. Historically, the direct application of general negligence provisions under the Indonesian Penal Code (KUHP) exposed medical practitioners to disproportionate criminal liability, driving defensive medicine practices. This article critically examines the shifting legal landscape following the enactment of Law Number 17 of 2023 concerning Health.

Methods: This study employs a normative juridical research method using statutory, conceptual, and case approaches. It evaluates positive legal norms governing medical malpractice, the structural transition of disciplinary bodies, the application of the ultimum remedium principle, and the effectiveness of alternative dispute resolution mechanisms.

Results: The findings indicate that Law Number 17 of 2023 establishes a tiered liability framework prioritizing restorative justice and mandatory mediation. The Professional Disciplinary Council serves as an initial administrative "gatekeeper" to assess professional discipline before judicial intervention, reinforcing the lex specialis doctrine. However, the centralization of disciplinary authority under the Ministry of Health and procedural friction with police investigative powers generate significant legal uncertainty.

Conclusion: While the 2023 Health Law represents a progressive shift toward a safety and system-improvement culture, further legislative harmonization is required to resolve procedural friction and preserve the independent professional judgment of healthcare workers.