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Scholars International Journal of Law, Crime and Justice (SIJLCJ)
Volume-9 | Issue-07 | 269-272
Original Research Article
Autonomy of Health Worker Professions and Hospital Governance from a Positive Legal Perspective in Indonesia
Iskandar Zulkarnaen, Hieronymus Soerjatisnanta, M. Fakih
Published : July 6, 2026
DOI : https://doi.org/10.36348/sijlcj.2026.v09i07.002
Abstract
This article examines the dialectical tension between medical clinical autonomy and hospital corporate governance in Indonesia. By analyzing the paradigm shift brought by Health Law No. 17 of 2023 and Government Regulation No. 28 of 2024, this study redefines clinical autonomy not as a private privilege, but as a public legal mandate designed to protect patient safety. The research employs a normative legal method to dissect the implementation of Corporate Clinical Governance (CCG) and its collision with corporate efficiency models (managed care). The findings reveal that CCG inherently requires organizational subordination, fundamentally invalidating the “pure partnership” illusion often utilized by hospitals to externalize liability. The study proposes the concept of “Bifurcation of Authority,” which functionally separates a doctor’s clinical-professional sovereignty from the hospital’s administrative-managerial authority. This bifurcation necessitates a shift from personal liability to enterprise liability, ensuring that legal protection and clinical immunity align with fair labor practices under a permanent employment contract (PKWTT).
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