Legal Liability of Pharmacists in the Management of Pharmaceutical Preparations at Indonesian National Armed Forces Hospitals under Law Number 17 of 2023 on Health

Abstract

The management of pharmaceutical preparations in hospitals places pharmacists in a strategic
position while also exposing them to significant legal risks. In Indonesian National Armed
Forces (TNI) hospitals, these risks are more complex because pharmacists may hold military
status and are therefore subject to both health law and military law. This study analyzes the
forms and limits of pharmacists’ legal liability in the management of pharmaceutical
preparations at TNI hospitals under Law Number 17 of 2023 on Health. It employs normative
legal research using statutory and conceptual approaches, with legal materials analyzed
qualitatively and prescriptively. The study finds that pharmacists may face administrative,
professional disciplinary, civil, and criminal liability, as well as military disciplinary
responsibility and military jurisdiction when the pharmacist is a soldier. Liability must be
attached to actual authority and personal fault, so pharmacists should not be held responsible
for systemic failures beyond their control. At the same time, Article 193 of the Health Law
places legal responsibility on hospitals for losses arising from negligence by their health
human resources. A regulatory gap remains because the professional disciplinary council
recommendation mechanism is not expressly extended to military investigators. Legal
protection for pharmacists therefore requires clearer allocation of authority, enforceable
standard operating procedures, proper documentation, and harmonized law enforcement
within the TNI.