CRIMINAL LIABILITY OF TRADITIONAL PRACTITIONERS ACCORDING TO THE GOVERNMENT REGULATIONS NO 103 YEAR 2014

Abstract

Traditional medicine practices have the potential for negligence. Negligence of traditional
medicine practitioners that causes serious injury or death can be used as a reference to the Penal
Code, the Health Act and the Consumer Protection Act. The purpose of this study is to find out,
describe and analyze the criminal liability arrangements for negligence committed by traditional
medicine practitioners in Indonesia’s positive law and upcoming penal law. This study uses the
normative-comparative method. The approach used in this study is the Statute Approach and the
Conceptual Approach. The results of this study conclude that the criminal liability of traditional
medicine practitioners for their negligence which cause death and serious injury in Indonesia's
positive law is still regulated by the Penal Code, which is lex generalis, in article 359 up to 361
of the Penal Code. Whereas in the upcoming penal law, the new Penal Code can be used or a
special penal law on health can be formed as a step in harmonization of the Health Act, the
Consumer Protection Act and the Penal Code.