Legal Protection of Medical Personnel Against Medical Actions

Abstract

The legal protection of health workers in Indonesia has become an important legal issue amid the increasing complexity of medical services and the commercialization of healthcare practices. In emergency situations, health workers are often required to perform immediate medical actions to save patients’ lives, even when complete medical explanations and informed consent cannot be fully obtained. However, limited understanding of medical risks and complications may result in health workers facing legal claims despite acting in accordance with their professional obligations. This study aimed to analyze the normative legal protection provided to health workers in Indonesia, particularly regarding their responsibilities in emergency medical procedures. This research employed a normative juridical approach by examining relevant laws and regulations concerning medical practice, hospitals, and healthcare services. The results showed that legal protection for health workers has been explicitly regulated, particularly in Article 306 paragraph (1) of Law Number 17 of 2023 concerning Health, which states that Medical Personnel or Health Workers providing emergency health services are exempt from criminal and civil liability for consequences arising from their actions, provided that such actions comply with professional and service standards. This protection is based on the principle of necessity and the fundamental humanitarian objective of saving lives. This study concluded that normative legal protection for health workers in Indonesia has been established; however, further implementing regulations are needed to address administrative issues and strengthen healthcare service delivery.