Actually, the policy to prevent medical malpractice was stipulated in the Indonesian Criminal Code and Indonesian Act Number 24 of 2004 on Medical Practices. However, such allegations were still happen frequently and refer to public reports, the allegation of medical malpractice was difficult to be processed through criminal law. This research aims to understand the formulation policy concerning medical malpractice in Indonesia and to find out the most appropriate formulation policy in

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... n of medical malpractice in Indonesia. This research concluded that the current formulation policy in prevention of medical malpractice was still inadequate due to the fact that the existing regulations have not provided the definition of medical malpractice and medical risk specifically. These also have not comprehensively regulated the issue of negligence resulted damage on patients. Hence, the forthcoming formulation policy need to regulate comprehensively the issue of negligence and/or omission of doctor or dentist in the efforts of medical action that resulted damage to the patient either serious injuries and/or loss of life.