Legal Protection of Health Workers: Legal Implications in Health Service Practices

Abstract

This study aims to analyze legal protection for health workers in health service practices in Indonesia and the legal implications arising from the legal relationship between health workers, patients, and health institutions. In carrying out their duties, health workers not only face medical challenges but also potential legal risks, especially if there is a dispute involving alleged negligence or malpractice. This condition raises concerns among health workers regarding the criminalization of actions carried out in good faith, so a legal system is needed that provides legal certainty and justice for all parties. A normative legal approach is used in this study with the support of empirical data through case studies and interviews with health workers, patients, and law enforcement. The results of the study show that existing regulations, such as Law Number 36 of 2009 concerning Health and Law Number 29 of 2004 concerning Medical Practice, have not been fully able to protect health workers from the potential for excessive lawsuits. In addition, the public's lack of understanding of medical procedures and the lack of effective mediation mechanisms often exacerbate conflicts between health workers and patients. This study recommends the need for strengthening more specific regulations related to legal protection for health workers, alignment between professional standards and legal regulations, and the implementation of dispute resolution mechanisms based on mediation and restorative justice. Thus, it is hoped that health workers can carry out their duties without worry, while improving the quality of health services that are fairer and more responsive to the needs of the community.