Legal Protection against Physicians for Presumed Malpractice in Indonesia: A Judicial Review

Abstract

Increased public awareness of health rights and legal access has sparked intensive discussions on malpractice in healthcare. However, differing views between lawyers and doctors regarding the definition of malpractice as well as the limits of doctors' authority create complexity. Types of medical malpractice, such as criminal, administrative, ethical and meritorious, are the focus for understanding the legal liability framework. Although civil law can protect consumers, the lack of an independent medical law formulation in Indonesia is an obstacle. Normative research methods are used to explore the legal views and responsibilities of doctors in medical practice. Discussions on malpractice proof, legal protection for doctors, and ethical and legal obligations in medical practice contribute to the understanding of this complex issue. Therefore, this article aims to detail the legal and ethical framework related to medical malpractice in Indonesia and explore protection and enforcement efforts to optimize the relationship between patients and the medical profession.