ANALISIS JURIDIS KELALAIAN MEDIS MENURUT UNDANG-UNDANG NO 17 TAHUN 2023 TENTANG KESEHATAN

The background of this research is driven by the increasing cases of medical negligence in Indonesia and the critical need for a legal framework capable of balancing protection for both patients and healthcare professionals. Law Number 17 of 2023 concerning Health is expected to serve as a more comprehensive legal basis for addressing medical negligence cases. However, the law does not provide an explicit definition of negligence, thereby creating a potential for divergent interpretations in its application. This study aims to examine the regulations regarding medical negligence under Law Number 17 of 2023 and to evaluate their effectiveness in providing equitable legal protection for all parties involved. This normative legal research employs statutory, conceptual, case-based, and comparative approaches. Data were collected through library research, legal literature, court decisions, and expert opinions. Qualitative analysis was conducted using legal interpretation, comparison of norms, and implementation evaluation across various medical negligence cases. The findings demonstrate that Law Number 17 of 2023 enhances legal protection by establishing medical ethics, professional standards, and service standards as the primary criteria for assessing negligence. Furthermore, Articles 304–308 regulate dispute resolution mechanisms through the Professional Disciplinary Tribunal prior to criminal or civil proceedings, thereby acting as a filter against the potential criminalization of medical professionals. Nonetheless, the absence of a normative definition of medical negligence and the low level of health law literacy remain significant obstacles. Overall, Law Number 17 of 2023 reflects an important advancement; however, its success heavily depends on detailed implementing regulations, the institutional strengthening of professional disciplinary bodies, and the enhancement of legal awareness among the public and law enforcement officials.