Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat
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THE LEGAL RATIO OF RESOLVING CRIMINAL ACTS THROUGH THE PROFESSIONAL DISCIPLINARY COUNCIL WITHIN IN THE HEALTH LAW SYSTEM
Abstract
The Professional Discipline Council (Majelis Disiplin Profesi, MDP) occupies a strategic role in Indonesia’s health law system as an institution that enforces medical discipline and ethics while serving as a pre- judicial mechanism to prevent the criminalization of medical professionals. This study analyzes the ratio legis behind the establishment of the MDP to harmonize legal protection for medical workers with patients’ rights. Using a juridical-normative approach, the research examines the MDP’s position, authority, and functional relation to law enforcement bodies. The findings show that the MDP reflects the principle of lex specialis derogat legi generali, emphasizing disciplinary enforcement before criminal proceedings. However, overlapping authorities between the MDP and law enforcement agencies have led to medical criminalization and declining public trust. Strengthened policy frameworks, implementing regulations under Law No. 17 of 2023 on Health, enhanced legal competence of MDP members, and a national medical case database are needed. These reforms aim to establish a fair, proportional, and humanistic health law system, positioning the MDP as a key mechanism for substantive justice in healthcare.
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Bibliographic Information
Cite this article as:
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Submitted
13 November 2025 -
Revised
25 November 2025 -
Accepted
Not available -
Published
11 December 2025


