Legal Reasoning of Liability in Indonesian Penal Law among Dental Therapists at Hospital

Abstract

Currently, regulations related to dental and oral health service efforts, especially those carried out by dental therapists in hospitals, are regulated in several laws and regulations. There’s a need to be more arrangements regarding the location of responsibility for every action of dental health care services by dental therapists in hospitals, which are charged by both hospitals and dentists who provide mandatory delegation of activities. This study examines delve into the dynamics of the relationships between patients, dental therapists, dentists, and hospitals, as well as the legal implications of dental malpractice. Utilising a normative juridical approach. By examining relevant statutes, legal theories, and principles, we analyze secondary sources such as primary legislation and scholarly works. The result of this study is that the location of accountability for dental and oral health care services carried out in hospitals can be reviewed based on dental therapists in carrying out a series of health service actions. Healthcare providers must adhere to legal and professional standards. Violations can lead to legal consequences. Patient relationships are based on agreements and consent. Healthcare's primary goal is health promotion, but errors can cause harm. Dental therapists are accountable for their actions, and criminal law addresses healthcare misconduct. The findings contribute to a deeper understanding of the factors influencing liability, informing policy development, education, and practice to promote a more equitable and patient-centered healthcare system.