Criminal Law Dimension in Health Law

Referring to the Criminal Code, the criminal provisions that may be applied to the scope of health law include:

  1. Article 359 of the Criminal Code: Anyone who through negligence causes another person to die shall be punished with imprisonment for a maximum of five years.
  2. Article 360 of the Criminal Code: Anyone who through negligence causes another person to be seriously injured shall be punished with imprisonment for a maximum of five years or confinement for a maximum of one year.

These two articles can be imposed on doctors or other health service providers if in carrying out their duties they are negligent and cause the patient to die or result in serious injury. This happened to Dr. Setianingrum, a doctor in Pati Regency in the 1980s, who was prosecuted using Article 395 of the Criminal Code and found guilty at the first level and appeal. Although in the end she was acquitted at the cassation level, the threat of criminal sanctions still applies to doctors or other health service providers who are negligent in carrying out their work on patients.

Administrative Law Dimension in Health Law

Licensing is the most crucial administrative instrument in health law. Because health services cannot be carried out without permission from the authorized party. The establishment of hospitals, clinics, pharmacies (SIA), doctor's practices (SIP), nurses (SIPP), pharmacists (SIPA), and other health professions requires a series of procedures regulated by laws and regulations to be able to operate or carry out their profession. In general, this licensing is intended for controlling certain activities, preventing hazards to the environment, and directing by selecting people and activities (Ridwan HR, 2016, 209).

Other Guidelines in Health Law

In addition to being based on existing laws and regulations, in practice health law also adheres to international law, customary law, and jurisprudence relating to health services. The existence of autonomous law within the scope of health professional organizations is also a guideline in the practice of health services. For example, within the scope of the medical profession, the Medical Code of Ethics (Kodeki) and the Medical Ethics Honorary Council (MKEK) are known, which act like internal judicial bodies.

Enactment of a Health Law

Previously, the three dimensions of law in health law above were also partially regulated by a special law, including:

However, since August 8, 2023, the government has harmonized health laws through Law No. 17 of 2023 concerning Health. This is done in order to increase health capacity and resilience which requires adjusting various policies to strengthen the health system in an integrative and holistic manner in one law. Article 454 of the latest Health Law states that the laws mentioned above are revoked and declared no longer valid.

The enactment of Law No. 17 of 2023 concerning Health as a comprehensive health law has more or less changed the landscape of the existing health system. This also affects the development of Indonesian health law in the future.

References:

  • Criminal Code
  • Civil Code
  • Law Number 17 of 2023 concerning Health
  • Fred Ameln, Selected Topics in Medical Law, Jakarta: Grafikatama Jaya, 1991
  • Ridwan HR, State Administrative Law, Jakarta: Rajawali Press, 2016