Legal Analysis of Teaching Hospital Liability for Resident Physicians’ Actions under Indonesia’s Health Law No. 17 of 2023: A Case Study of Decision No. 228/Pdt.G/2025/PN Jkt.Pst

Abstract

Teaching hospitals perform a dual function as healthcare providers and clinical education institutions, creating complex legal issues regarding liability for medical actions carried out by resident physicians. The enactment of Indonesia’s Health Law No. 17 of 2023 introduces a new legal framework governing teaching hospitals and establishes the Professional Disciplinary Council (Majelis Disiplin Profesi/MDP) as a prerequisite in civil medical malpractice claims. This study aims to analyze the legal construction of teaching hospital liability for resident physicians’ actions and to examine the evidentiary value and legal standing of MDP recommendations in civil litigation through the analysis of Decision No. 228/Pdt.G/2025/PN Jkt.Pst. The research employs a normative juridical approach using an intrinsic case study design. Primary, secondary, and tertiary legal materials were analyzed qualitatively through content analysis, statutory interpretation, and doctrinal analysis based on the theories of vicarious liability and informed consent. The findings demonstrate that teaching hospital liability is primarily founded on the doctrine of vicarious liability, as reflected in Articles 243–248 and Article 193 of Health Law No. 17 of 2023. However, the court dismissed the plaintiff’s claim after determining that the defendants had complied with professional standards, service standards, and standard operating procedures. Furthermore, the study finds that MDP recommendations possess substantial evidentiary value but are not legally binding, requiring judges to assess them alongside other admissible evidence. This research contributes to the development of Indonesian health law by clarifying the legal responsibilities of teaching hospitals, strengthening patient protection, and promoting greater legal certainty in medical malpractice litigation involving resident physicians. It also recommends clearer statutory guidelines concerning the evidentiary status of MDP recommendations and greater harmonization between Health Law No. 17 of 2023 and the Indonesian Civil Code to ensure balanced legal protection for both patients and healthcare providers