Citation

Hatta, Muhammad and Rajamanickam, Ramalinggam and Khairunnisa, Cut and Mahdi, Umar and Gusfira, Nofil (2026) The Enforcement of the Burden of Proof Reversal System in Medical Malpractice Cases in Indonesia. Sebelas Maret University Faculty of Law, 15 (2). pp. 183-197. ISSN 0852-0941

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Abstract

Medical malpractice cases present distinctive evidentiary challenges because prosecutors may lack the specialized medical knowledge necessary to establish professional negligence, while crucial evidence, including medical records and information concerning clinical procedures, is largely controlled by healthcare providers. These circumstances create an evidentiary asymmetry that may impede effective access to justice for patients. This study examines whether and under what conditions the burden of proof may be shifted in criminal medical malpractice proceedings in Indonesia. It employs legal research using statutory and conceptual approaches, focusing on Indonesia's criminal procedure and health law frameworks. The study reveals that a complete reversal requiring physicians to prove their innocence would raise concerns regarding the presumption of innocence. Nevertheless, a limited shift of the evidential burden may be justified where the prosecution establishes prima facie circumstances indicating gross medical negligence and the relevant evidence lies predominantly within the physician's or healthcare provider's control. In such circumstances, physicians may be required to demonstrate that medical interventions complied with applicable professional standards and procedures, while the ultimate burden of establishing criminal guilt remains with the prosecution. The study therefore proposes a limited and proportionate evidentiary-shifting model for gross medical negligence rather than a general reversal of the burden of proof in all medical malpractice cases. © Authors 2026: This is an Open Access Research distributed under the term of the Creative Commons Attribution Licencee (https://creativecommons.org/licences/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original works is properly cited

Item Type:	Article
Uncontrolled Keywords:	Burden of Proof, Medical Malpractice, Medical Negligence, Criminal Evidence
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law (FOL)
Depositing User:	Ms Suzilawati Abu Samah
Date Deposited:	28 Oct 2026 04:26
Last Modified:	29 Oct 2026 07:55
URII:	http://shdl.mmu.edu.my/id/eprint/16938

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