Review of Health Law Based on Law Number 17 of 2023 Civil Law Liability for Negligence of Medical Actions in Independent Practice of Doctors

Abstract

Law Number 17 of 2023 concerning Health is the legal foundation and new paradigm in legal protection for patients and the responsibilities of medical personnel in the jurisdiction of the Unitary State of the Republic of Indonesia.  The most important and often prominent aspect is legal liability for negligence in medical actions against patients. Civil legal liability in the form of compensation will be a logical consequence if it is proven that there is malpractice caused by the doctor's mistake or negligence in carrying out his professional obligations. Law Number 17 of 2023 emphasizes the principle  of lex specialis for health workers while still recognizing the application of the principle of responsibility based on Article 1365 of the Civil Code (KUHPercivil). Therefore, the legal relationship between doctors and patients is contractual as well as moral, so that any violation of professional standards can be held civilly liable.That the doctor's civil legal liability for negligence in medical action is still based on the elements of negligence, therapeutic legal relations (therapeutic contracts), and the principle of culpa. Law Number 17 of 2023 strengthens the legal protection mechanism for patients through professional standard obligations and reporting of medical incidents, as well as affirms legal protection for doctors while carrying out their profession according to applicable standards.This new regulation seeks to balance patients' right to safe medical services and doctors' right to legal protection in running independent practices. The role of strict regulators in terms of supervision and medical dispute resolution mechanisms will be balanced in legal protection for patients and medical personnel. In the end, it will be in line with its goal, which is to be an effective legal basis in realizing safe, ethical, and responsible medical practices.