Society has the right to the highest attainable degree of health because health is a human right. The need for legal protection for patients is increasingly relevant in line with the development of the health service system. Health law in Indonesia functions to ensure that patients continue to obtain their rights in full, even though services continue to change and develop.

Legal Foundations of Health Law in Indonesia

Health law becomes a fundamental foundation in establishing policies aimed at protecting public health. The right to health is guaranteed by the 1945 Constitution Article 28H paragraph (1) and Article 34 paragraph (3). Before regulatory reform, health law was spread across various sectoral laws, such as the 2009 Health Law, the 2004 Medical Practice Law, the 2014 Nursing Law, and the 2009 Hospital Law.

As a simplification effort, the government enacted Law Number 17 of 2023 on Health (Omnibus Law), which revoked several previous regulations and adjusted the health system to modern needs. However, the repeal of several sectoral laws raises concerns about the potential for normative gaps that may affect legal certainty, professional protection, and the quality of health services.

Scope of Health Law

Other fields related to health law, especially medical law, include judicial medicine. Terminologically, they can be distinguished as follows:

1. Health law also includes medical law whose object is the broad maintenance of health, and is included within the discipline of legal science.
2. Medical law or medical jurisprudence
3. Judicial medicine
4. Judicial forensics (gerechtelijke geneeskunde) is a branch of medicine (including the medical discipline) that aims to assist judicial processes, because of the visum et repertum issued by a doctor or forensic expert, which is used as a substitute for physical evidence in legal proceedings (criminal procedure) in court.

The Importance of Health Law for Society

Health law provides legal protection and guarantees for providers and recipients of health services. The main functions of health law include:

1. Maintaining public order, although regulating small subsectors, still contributes to overall order.
2. Resolving disputes in the health sector.
3. Engineering social behavior (social engineering), for example educating the public not to obstruct medical personnel from providing assistance to injured victims.

 

 The Role of Health Law in Protecting Patient Rights in the Modern Era

1. Establishing Service Standards and Competence of Health Workers
   The medical practice law regulates registration, practice licensing, continuing education, and ethical obligations of health workers, ensuring that patients receive services from competent and responsible professionals.
2. Strengthening the Informed Consent System
   Health facilities are required to provide consent forms and procedures in accordance with standards. In the digital era, some hospitals implement digital consent, which must still meet the principles of clarity, willingness, and capacity.
3. Protection of Medical Data Amid Digitalization

The Ministry of Health establishes security standards for electronic medical records as well as the obligation of health facilities to maintain patient data confidentiality.

• Medical Dispute Resolution Mechanisms
• Indonesian law provides several channels for resolution:
  Mediation (facilitated by hospitals or mediation institutions)
• The Indonesian Medical Discipline Honorary Council for disciplinary violations
• Professional organizations for ethical violations
• Civil or criminal courts for cases that meet the elements of legal violations

These mechanisms provide legal certainty for both patients and health workers.

Health law in Indonesia has a strategic role in protecting patient rights, especially amid the modernization of health services. With the new Health Law and clearer dispute resolution mechanisms, society has legal assurance of health services that are safe, high-quality, and humane. Strengthening regulatory implementation, government oversight, and patient understanding of their rights are key to realizing a fairer and more trustworthy health system.

Author: 

Ni Putu Ayu Mandalay Shasa Alba Chiara, S.H.

Editor: 

Anak Agung Made Shintya Dewi

Advisory Board: 

I Wayan Sudarsana, S.H.

Anak Agung Alit Juliarta, S.Pd., S.I.Kom., M.Par.

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