Protection for Dentists under Indonesia's Health Law: An Integrative Framework

Abstrak

Legal protection for dentists has become an increasingly important issue in Indonesia's healthcare system due to the growing number of medical disputes, increasing public legal awareness, and the enactment of Law Number 17 of 2023 concerning Health. Dental practice involves various invasive procedures that inherently carry medical risks, thereby creating challenges in distinguishing between unavoidable medical complications and professional negligence. This study aims to analyze the legal protection afforded to dentists under Law Number 17 of 2023 concerning Health and to examine the principal challenges affecting its implementation in practice. The research employs a normative legal method supported by a socio-legal approach, utilizing statute, conceptual, and case approaches. Data were collected through library research and document analysis of relevant legislation, legal doctrines, academic literature, and healthcare law developments. The findings indicate that although Law Number 17 of 2023 provides a stronger normative basis for legal protection by recognizing the rights of healthcare professionals and strengthening professional accountability mechanisms, significant challenges remain in its implementation. These challenges primarily arise from ambiguities in distinguishing medical risk from medical negligence, inconsistent interpretations among law enforcement institutions, and the fragmentation of professional and legal accountability mechanisms. The study argues that effective legal protection cannot rely solely on statutory guarantees but requires the integration of normative safeguards, professional disciplinary review, and procedural protections. Accordingly, this research proposes an Integrative Legal Protection Framework that combines legal norms, professional accountability, and procedural safeguards as a comprehensive model for strengthening legal certainty, professional independence, and patient safety in dental practice. This framework constitutes the principal contribution of the study to the development of healthcare law in Indonesia.