The Role of Regulation in Protecting Healthcare Workers from Malpractice Lawsuits
Keywords:
legal protection, medical personnel, health services.Abstract
Health services are a crucial element in ensuring the welfare of the community. Medical personnel and health workers have a great responsibility in providing professional, fast, and appropriate services. However, behind their noble duties, medical and health personnel also face various legal risks that can arise due to negligence, procedural errors, or lawsuits from patients and patients' families. In this condition, legal protection is very important to ensure a sense of security, work comfort, and legal certainty for health workers in carrying out their duties optimally and in accordance with professional ethical standards. This study was conducted to examine the urgency of legal protection for medical personnel and health workers in health service practices in Indonesia. The research method used is a qualitative approach with a normative-juridical method. Data was obtained through literature studies, analysis of relevant laws and regulations. This approach is used to identify the forms of legal protection that are available and the extent to which they are being applied in the field. The main problem found in this study is the weak implementation of legal protection for health workers. Many cases show that medical personnel are the most vulnerable parties when a medical dispute occurs, although it is not necessarily legal negligence. The lack of legal assistance, the lack of understanding of medical personnel of their legal rights, and weak protection regulations at the institutional level exacerbate this situation. The results of the study show that legal protection must be preventive and curative. Preventively, there needs to be regular legal education and professional ethics training for health workers. The conclusion of this study emphasizes that the importance of legal protection for medical personnel and health workers is not only to protect the interests of individuals, but also to maintain the quality of health services as a whole. Without strong legal protections, healthcare workers will work under high and suboptimal pressure, which ultimately impacts patient safety. Therefore, synergy between regulations, health institutions, and legal professionals is urgently needed to build a fair and effective legal protection system.
References
Book
Irsyam Risdawati. (2024). Informed Consent in Medical Practice with a Value of Justice Approach. Bekasi: PT Dewangga Energi International.
Irsyam Risdawati. (2024). Introduction to Health Law Navigating Legal and Ethical Challenges in Health Services. Bekasi: PT Dewangga Energi International.
Sidharta, Dedi. Legal Protection for Medical Personnel in Indonesia. Jakarta: Rajawali Press, 2022, p. 45
Sutrisno, Bambang. National Health Law and Health Worker Protection. Yogyakarta: Graha Ilmu, 2023, p. 103
Laws
Law Number 17 of 2023 concerning Health, Article 248 paragraph (1).
Law Number 17 of 2023 concerning Health, Article 82 paragraph (1).
Law Number 17 of 2023 concerning Health, Article 83 paragraph (1).
Law of the Republic of Indonesia Number 17 of 2023 concerning Health.
Law of the Republic of Indonesia Number 17 of 2023 concerning Health, Articles 10-15
Law of the Republic of Indonesia Number 17 of 2023 concerning Health, Article 313 paragraph (1).
Indonesian Medical Code of Ethics (KKI) – konsilkedokteranindonesia.org
Journal
Andi Hakim Lubis. (2024). Rights, Obligations, and Responsibilities of Health Workers and Patients in Law Number 17 of 2023 concerning Health. Juris Sinergi Journal (JSJ).1(1), 13-20
Andi Hakim Lubis. (2024). Rights, Obligations, and Responsibilities of Health Workers and Patients in Law Number 17 of 2023 concerning Health. Juris Sinergi Journal (JSJ).1(1), 13-20.
Arifin, Z. (2019). Legal Responsibilities of Medical Personnel: Civil, Criminal, and Administrative Perspectives. Journal of Law and Health, 11(2), 67-78.
Hartono, D. (2021). Strengthening the Legal Protection of Medical Personnel as an Effort to Improve the Quality of Health Services. Journal of Professional Ethics and Law, 4(2), 67-75.
Haryono, August. "Implementation of Legal Protection of Medical Personnel in Health Services." Journal of Health Law, Vol. 6, No. 2, 2023, pp. 78-79
I Ketut Raka Subudhi, a little girl Nyoman Aryani. (2024). Medical Dispute Resolution on Cases of Poor Service of Health Service Facilities from the Perspective of Law Number 17 of 2023 concerning Health. JUNCTO: Scientific Journal of Law, 6(1), 87-98.
Kurniawan, A. (2022). Legal Responsibility of Medical Personnel in Health Services, JHKI, 13(2), p. 113.
Lestari, D. (2021). Legal Protection for Health Workers in Providing Health Services. Indonesian Journal of Health Law, 12(1), 23–35.
Prasetyo, A. (2023). "Legal Protection Gap for Medical Personnel in Health Services." Indonesian Journal of Health Law, Vol. 8, No. 2, pp. 78–90.
Prasetyo, B. (2021). Legal and Ethical Education for Medical Personnel as an Effort to Prevent Malpractice. Journal of Professional Ethics, 3(2), 55-63
Putri, D.A. & Hartono, R. (2023). "Legal Protection Challenges for Medical Personnel in Health Practice in Indonesia." Journal of Law and Public Health, Vol. 7, No. 1, pp. 34–48
Putri, M. A. (2021). Health Ethics and Law: Perspectives on Medical Practice in Indonesia, p. 67.
Ramadhan, F. (2020). The Process of Resolving Medical Malpractice Disputes in Indonesia: A Medical Personnel Perspective. Indonesian Medicolegal Journal, 6(1), 25-38
Rina Wulandari. (2023). "The Urgency of Legal Protection for Health Workers in Medical Practice." Journal of Health Law and Ethics, Vol. 5, No. 2
Risdawati, I. (2024). Legal Aspects in Implementing an Informed Consent System in Patient Health Practices. International Journal of Society and Law, hlm. 115–126.
Risdawati, I. (2024). Legal Aspects in Implementing an Informed Consent System in Patient Health Practices. International Journal of Society and Law, hlm. 115–126.
Sari, D., & Hidayat, M. (2020). Trends in Medical Malpractice Cases in Indonesia and Their Impact on Medical Practice. Indonesian Medicolegal Journal, 5(1), 30-40.
Sari, M.A. & Hidayat, T. (2023). "Medical Personnel's Perception of Legal Protection in the Health Act 2023." Journal of Bioethics and Health Law, Vol. 4, No. 2, pp. 101–113.
Harahap, A. A., Sembiring, T., & Sumarno, S. (2024). Legal Protection Of Patients'rights As Consumers In The Field Of Medical Services At Pertamina Hospital Pangkalan Brandan. International Journal of Synergy in Law, Criminal, and Justice, 1(2), 126-130.
Safar, M., Saragih, Y. M., Sumarno, S., Siregar, T. H., & Utami, S. (2024). Enforcement of criminal law for pedophilia perpetrators for sexual crimes against children. Innovative: Journal Of Social Science Research, 4(3), 7422-7433.
Sutanto, E. (2017). Legal Protection Regulations for Medical Personnel in Indonesia: A Juridical Review. Journal of Law and Health, 9(1), 45-57.
Utami, R., & Santoso, A. (2018). Medical Malpractice and Its Implications for Legal Claims in Indonesia. Journal of Medical and Health Sciences, 10(1), 15-24.
Widayati, T. (2020). The Implementation of Informed Consent in Medical Practice in Indonesia. Journal of Bioethics and Health Law, 5(1), 45–58.
Wulandari, S. (2019). Harmonization of Health Regulations in Special Autonomous Regions: An Aceh Case Study. Journal of Regional Law, 5(2), 120-134.
Website
https://repository.pancabudi.ac.id/website/detail/27162
https://repository.pancabudi.ac.id/website/detail/27162
https://www.eclinic.id/Undang-Undang-tenaga-kesehatan-terbaru-no-17-tahun-2023/
https://www.kompasiana.com/dwiwasti3455/67069a4bc925c412824c3692/
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