Year: 2025 | Month: May | Volume: 12 | Issue: 5 | Pages: 430-441
DOI: https://doi.org/10.52403/ijrr.20250544
Reconstruction of Article 440 of Law Number 17 of 2023 Concerning Health Against the Crime of Forgetfulness by Medical Personnel or Health Workers that Result in Serious Injury to Patients Based on the Value of Justice
Sepriandison Saragih1, Redyanto Sidi2, Irysam Risdawati3
1,2,3Master of Health Law Universitas Pembangunan Panca Budi, Indonesia
Corresponding Author: Sepriandison Saragih
ABSTRACT
This research aims to examine the normative weaknesses in the article and offer a more equitable legal reconstruction. Article 440 of the Health Law regulates criminal liability for medical personnel or health workers who are negligent to cause serious injury to patients. However, this regulation is considered not to have fully paid attention to the principles of proportionality and substantive justice, so that it has the potential to cause excessive criminalization for medical personnel who act in accordance with standard operating procedures (SOPs) but still face unexpected medical risks. This inequality has sparked concerns, both in terms of legal protection for medical personnel and patients' rights to justice. This research emphasizes the importance of legal reconstruction that not only contains elements of punishment, but also the principle of restorative justice. This approach proposes that in determining the element of forgetfulness, it is necessary to give in-depth consideration to the good intentions of medical personnel, the level of risk in medical actions, as well as the application of bioethical principles such as beneficence and non-maleficence. Thus, the crime of forgetfulness should not be solely measured by the consequences caused, but must consider the medical process carried out, whether it is in accordance with professional standards or not. This reconstruction aims to ensure that the law is able to protect the dignity of the medical profession while ensuring the right of patients to get justice and redress in the event of negligence. As a result, this study recommends a revision of Article 440 of the Health Law by including elements of substantive justice-based assessment and medical ethical principles. Strengthening the mediation mechanism between patients and medical personnel before the criminal process is also suggested in order to create a fair settlement for both parties. Thus, health law is expected not only to be a tool of repression, but also to function as a corrective and preventive instrument that is in line with human values. This reconstruction is a strategic step in creating harmony between legal protection for health workers and the fulfillment of patients' rights.
Keywords: Legal reconstruction, Article 440 of the Health Law, criminal acts of forgetfulness, medical ethics,
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