Reconstruction of Law Enforcement Rule for Employers of Medical Practitioner without Practice Licenses Based on Restorative Justice

Abstract

In Indonesia, current constructive law lacks clear regulation regarding the enforcement of laws against employers who hire medical practitioner without practice licenses. As a result, law enforcement often relies on general statutes such as the Penal Code or Civil Code, treating offenders similarly to criminals. This situation emphasizes the urgent need for specific rule that adhere to principles of restorative justice. This study aims to study the absences in current law enforcement rule pertaining to employers of unlicensed medical practitioner, explore these issues from a restorative justice perspective, and propose a reconstructed regulatory framework grounded in restorative justice principles. The research employs a constructivist paradigm with a descriptive-analytical approach, utilizing socio-legal methods within a qualitative research design. Data consist of primary, secondary, and tertiary legal materials gathered through literature review, observation, and interviews, and are studied qualitatively. The findings reveal that existing rule do not follow to principles of restorative justice. Enforcement lacks consistency, hindering the equitable access of the public to law enforcement, justice, and benefits. Weaknesses include the absence of specific legal provisions and insufficient knowledge among law enforcement officials regarding healthcare law, resulting in inconsistent enforcement practices. Illustration on international and national legal insights, the study proposes a reconstructed legal framework that ensures balanced protection for employers, medical practitioner, and patients, promoting dignified and high-quality healthcare services free from stigma, and showed with fairness and professionalism. Reconstructing legal norms such as Article 442 and healthcare legislation could create a balanced law enforcement regulation that upholds legal enforcement, legal utility, and societal justice perceptions.