Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health Law
The background of this research is that a doctor, as a medical professional, plays a crucial role in the healing process of patients based on knowledge and competence. The issue of doctors practicing without a valid practice license (SIP) has often been heard before the enactment of Law Number 17 of...
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| Format: | Article |
| Language: | English |
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Faculty of Law Universitas Lampung
2025-01-01
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| Series: | Ius Poenale |
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| Online Access: | https://jurnal.fh.unila.ac.id/index.php/ip/article/view/3599 |
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| author | Ida Ayu Lidya Nareswari Manuaba Siska Dewi Indriani Potabuga Nuril F. Lamawatu |
| author_facet | Ida Ayu Lidya Nareswari Manuaba Siska Dewi Indriani Potabuga Nuril F. Lamawatu |
| author_sort | Ida Ayu Lidya Nareswari Manuaba |
| collection | DOAJ |
| description | The background of this research is that a doctor, as a medical professional, plays a crucial role in the healing process of patients based on knowledge and competence. The issue of doctors practicing without a valid practice license (SIP) has often been heard before the enactment of Law Number 17 of 2023 concerning Health, where the regulation on criminal sanctions for doctors practicing without an SIP was found in Law Number 29 of 2004 concerning Medical Practice. However, after the enactment of Law Number 17 of 2023 concerning Health, the regulation on criminal sanctions has been removed, leaving only administrative sanctions in effect. This research aims to explore the concept of depenalization for medical personnel practicing without a valid practice license after the enactment of Law Number 17 of 2023 concerning Health. The type of research used in this study was normative research, employing both a statutory approach and a conceptual approach. The findings of the study indicate that if the actions of the doctor can be proven in a factual judgment (judex facti), the concept of depenalization with the imposition of criminal sanctions should be considered, while setting aside the principle of economic deterrence. |
| format | Article |
| id | doaj-art-a00a70eb0a5949d588d4c9bcbf665c2f |
| institution | DOAJ |
| issn | 2723-2638 2745-9314 |
| language | English |
| publishDate | 2025-01-01 |
| publisher | Faculty of Law Universitas Lampung |
| record_format | Article |
| series | Ius Poenale |
| spelling | doaj-art-a00a70eb0a5949d588d4c9bcbf665c2f2025-08-20T03:10:34ZengFaculty of Law Universitas LampungIus Poenale2723-26382745-93142025-01-015210111210.25041/ip.v5i2.35992329Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health LawIda Ayu Lidya Nareswari Manuaba0Siska Dewi Indriani Potabuga1Nuril F. Lamawatu2Universitas Gadjah MadaUniversitas Gadjah MadaUniversitas Gadjah MadaThe background of this research is that a doctor, as a medical professional, plays a crucial role in the healing process of patients based on knowledge and competence. The issue of doctors practicing without a valid practice license (SIP) has often been heard before the enactment of Law Number 17 of 2023 concerning Health, where the regulation on criminal sanctions for doctors practicing without an SIP was found in Law Number 29 of 2004 concerning Medical Practice. However, after the enactment of Law Number 17 of 2023 concerning Health, the regulation on criminal sanctions has been removed, leaving only administrative sanctions in effect. This research aims to explore the concept of depenalization for medical personnel practicing without a valid practice license after the enactment of Law Number 17 of 2023 concerning Health. The type of research used in this study was normative research, employing both a statutory approach and a conceptual approach. The findings of the study indicate that if the actions of the doctor can be proven in a factual judgment (judex facti), the concept of depenalization with the imposition of criminal sanctions should be considered, while setting aside the principle of economic deterrence.https://jurnal.fh.unila.ac.id/index.php/ip/article/view/3599medical personeldepenalizationpractice licensehealth law |
| spellingShingle | Ida Ayu Lidya Nareswari Manuaba Siska Dewi Indriani Potabuga Nuril F. Lamawatu Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health Law Ius Poenale medical personel depenalization practice license health law |
| title | Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health Law |
| title_full | Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health Law |
| title_fullStr | Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health Law |
| title_full_unstemmed | Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health Law |
| title_short | Depenalization of Medical Personnel Practicing Without a Practice License After the Enactment of the 2023 Health Law |
| title_sort | depenalization of medical personnel practicing without a practice license after the enactment of the 2023 health law |
| topic | medical personel depenalization practice license health law |
| url | https://jurnal.fh.unila.ac.id/index.php/ip/article/view/3599 |
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