LEGAL PROTECTION FOR SURGEONS AGAINST MEDICAL NEGLIGENCE RESULTING IN PERMANENT DISABILITY IN PATIENTS

This study examines the legal protection afforded to surgeons in cases of medical negligence resulting in permanentdisability to patients within the Indonesian legal system. The issue arises from the high-risk nature of surgicalprocedures, where adverse medical outcomes are often directly associated with legal liability, potentially leading tothe criminalization of medical professionals. This research employs a normative legal research method using aqualitative approach, incorporating statutory and case approaches through the analysis of legislation, court decisions,and legal doctrines related to medical malpractice. The findings indicate that surgeons’ liability for medicalnegligence is regulated through a layered legal regime encompassing criminal, civil, and professional disciplinarymechanisms as stipulated in Law Number 17 of 2023 on Health, the Criminal Code, and the Civil Code. The studyfurther reveals that legal protection for surgeons is conditionally provided when medical actions comply withprofessional standards, standard operating procedures, and ethical principles, supported by mechanisms such asinformed consent and professional disciplinary review. Ultimately, the regulation of medical negligence aims toensure patient rights recovery while preventing excessive criminalization of the medical profession, therebymaintaining the sustainability and quality of healthcare services.