LEGAL PROTECTION OF THE MEDICAL PROFESSION IN THE EXERCISE OF MEDICAL ACTIVITIES FROM A CRIMINAL LAW PERSPECTIVE

Abstract

The medical profession carries a significant responsibility in providing healthcare
services to the public. However, in practice, doctors frequently encounter legal challenges,
including accusations of medical crimes that can arise from their medical procedures.
Therefore, legal protection is essential for doctors to carry out their professional duties
safely and without worry.
Problem Formulation: First, how is the implementation of legal protection for the medical
profession according to the provisions of laws and regulations in Indonesia? Second, what are the
forms of obstacles faced in efforts to provide legal protection to doctors when performing medical
procedures?
Research Objectives: First, to identify, study, and analyze the implementation of legal
protection for the medical profession based on Indonesian laws and regulations. Second, to identify,
study, and analyze obstacles to the implementation of legal protection for the medical profession in
performing medical procedures.
Research method: The researcher uses a normative juridical method, and to complement this
research, the researcher uses an empirical/sociological method as an addition.
Conclusion: First. There are many regulations related to the protection of the medical
profession in carrying out medical procedures, such as: Article 27 of Law Number 36 of 2009
concerning Health, Article 24 of Government Regulation Number 32 of 1996 concerning Health
Workers, Article 4 of Law Number 36 of 2014 concerning Health, Article 50 of Law Number 29 of
2004 concerning Medical Practice, Article 57 of Law Number 36 of 2014 concerning Health Workers.
The results prove that all of these regulations do not support each other, but rather overlap and
cannot be used as a strong guarantee for the medical profession. Second, the obstacles created, such
as statements from police officers, prosecutors, professional organizations and others, apparently do
not solve the problem of protecting the medical profession in seeking justice for the medical
profession, because of the egos of each of them.