CRIMINAL LAW ENFORCEMENT AGAINST DOCTORS IN THE APPLICATION OF ARTICLE 308 OF THE HEALTH LAW

Abstract

Medical healthcare services are tasks performed based on scientific knowledge and competencies
acquired through formal, tiered education. Their goal is to restore and protect the health of the
community, specifically patients within the scope of healthcare provision. A doctor's criminal liability
arises when there is a medical malpractice, which involves errors in diagnosing and providing medical
treatment. Patients who suffer harm may seek criminal accountability from doctors. The process of
enforcing criminal law against doctors requires recommendations from the Professional Discipline
Council to initiate an investigation by law enforcement officers. This, in turn, limits the authority of the
police in conducting investigations in accordance with the Criminal Procedure Code (KUHAP).
This study adopts a normative legal research method. Normative legal research is a type of legal study
based on literature review, examining legal issues through an analysis of laws, including Law No. 17
of 2023, Law No. 8 of 1981, and other references related to the enforcement of criminal law against
doctors under Article 308 of the Health Law.
The findings of this research are as follows: First, the recommendation from the Professional Discipline
Council may obstruct victims from accessing legal protection from law enforcement authorities, as the
council only evaluates the application of medical discipline, not the role of law enforcement. Second,
the Professional Discipline Council serves merely as an advisory body to law enforcement officers, as
it is not a law enforcement agency and lacks the capacity to assess whether there is a legal error in
healthcare services.