Legal Guarantees in Ensuring the Safety of Medical Personnel in the Health Sector

Abstract

The research on Legal Certainty in Health Services and the Role of Regulations in Protecting Health Workers aims to examine legal aspects in health services, especially the protection of health workers. In Indonesia, healthcare services are often faced with legal issues such as malpractice claims, medical errors, and ambiguity in the arrangement of legal liability. This has the potential to reduce the sense of security of health workers in carrying out their duties. The formulation of this research problem is: first, what is legal certainty in health services in Indonesia, and second, what is the role of regulation in protecting health workers. The method used in this study is normative juridical with a legislative approach. This research conducts a literature study of various relevant legal regulations, such as the Medical Practice Law and Law Number 17 of 2023 concerning Health, as well as analyzes court decisions related to malpractice cases and medical disputes. This approach aims to explore the extent to which existing regulations can provide legal certainty and maximum protection for health workers. The results of the study show that even though regulations related to health services already exist, implementation in the field is still not optimal. Health workers often feel threatened by potential lawsuits even though they have followed the correct medical procedures. This is due to the lack of clarity in several rules governing the protection of medical personnel. In addition, the role of regulations in providing legal protection for health workers is also inadequate. Some existing regulations, such as those governing the rights and obligations of health workers, are still general and have not provided legal certainty that can protect medical personnel as a whole in carrying out their duties. The conclusion of this study is that legal certainty in health services in Indonesia is still very much needed. Existing regulations need to be improved and refined in order to provide better protection for health workers. On the other hand, stricter supervision is also needed on the implementation of regulations so that the rights of health workers are properly protected. The recommendations of this study are to strengthen regulations by creating more specific and comprehensive regulations, as well as improving legal education for health workers to reduce the legal risks faced by medical personnel. This is expected to create a safe work climate for health workers and improve the quality of health services.