Legal Protection for Doctors in Performing Medical Actions after the Enactment of Law of the Republic of Indonesia Number 17 of 2023 concerning Health at Siloam Hospital, Bogor City

Abstract

Objective: This study aims to analyze the construction of legal protection for medical personnel and the pattern of hospital accountability in the implementation of medical actions after the enactment of Law Number 17 of 2023 concerning Health.

Methods: The method used is normative juridical with an empirical approach through literature studies, analysis of laws and regulations, and interviews.

Results: The results of the study show that the legal protection of medical personnel has been positivized in Article 273 paragraph (1) letter a of Law No. 17 of 2023, while the obligation of hospitals obtains an operational basis through Article 851 of PP No. 28 of 2024. A case study at Siloam Hospital in Bogor City shows the implementation of protection through a layered mediation and supervision mechanism by the Medical Committee, MKEK, and MKDKI.

Conclusion: However, obstacles were found in the implementation of Law Number 17 of 2023 concerning Health, in the form of suboptimal synchronization of derivative regulations, weak implementation of informed consent, and high potential lawsuits that are not always based on medical professional assessments.