The Standing of Anatomical Pathology Examination Results in Proving Medical Disputes in Indonesia

Abstract

When a patient is harmed after a tissue diagnosis, the anatomical pathology (PA) report and the
specimens behind it become evidence of what was found and when. This paper examines the standing
of PA examination results in proving medical disputes in Indonesia under Law No. 17 of 2023 on
Health and the new Criminal Procedure Code (Law No. 20 of 2025). It uses normative legal research
with statutory, conceptual and case approaches, supported by secondary data from the Ministry of
Health, universities and press reports. None of the provisions read names a PA report. The authors
place it as a document, expert testimony and physical evidence under Article 235(1) of the new Code,
and as written evidence in civil cases. Article 308 of the Health Law makes a recommendation of the
professional discipline council a step before investigation and before a civil claim, and the
recommendation is deemed given if the council is silent for 14 working days, but the articles read do
not say how the council weighs pathology material. The supply of pathologists limits whether such
evidence exists: the shortfall is 1,407 of 2,259 specialists (62.28%), and only 52 of 514 districts and
cities (10.12%) have both equipment and staff. The paper recommends report and custody standards, a
national retention rule for blocks and slides, a referral route for second readings, and published dispute
data.