Strengthening the Professional Disciplinary Council to Prevent the Criminalization of Physicians in Healthcare Services

Abstract

Healthcare has distinctive characteristics because physicians' actions are shaped by scientific knowledge, professional standards, patients' clinical conditions, available facilities, and medical risks. An adverse outcome following medical treatment does not necessarily establish physician fault, yet medical disputes are still frequently transferred too quickly to criminal proceedings. This study examines the legal position and the urgency of strengthening the Professional Disciplinary Council as a preliminary assessment mechanism to prevent the criminalization of physicians. This normative legal study employs statutory, conceptual, and case approaches. The findings show that the Council operates as a professional assessment gateway that distinguishes medical risk, disciplinary breach, negligence, and criminal conduct. Constitutional Court Decision Number 156/PUU-XXII/2024 confirms the constitutionality of the Council's recommendation for cases related to healthcare services. Strengthening should focus on institutional independence, balanced expertise, measurable procedures, examination deadlines, reasoned recommendations, and coordination with law enforcement. The Council must not become a shield for impunity, but an instrument that balances the legal protection of physicians and patients.