Criminal Provisions on Plastic and Aesthetic Surgery: Towards Legal Certainty in Indonesia’s Health Law
- NLR Journal
- Nov 14
- 2 min read
By Aris Yudhariansyah, Anis Mashadurohatun, Bambang Tri Bawono,
Ahmed Kheir Osman & Muhammad Dias Saktiawan*.
Abstract
Indonesia’s rapidly expanding beauty industry has driven aesthetic plastic surgery from the therapeutic margins to mainstream consumer services. Although Law No. 17 of 2023 on Health formally permits reconstructive and aesthetic procedures, legality is conditioned on professional competence, conformity with “societal norms,” and a prohibition on identity alteration, subject to criminal sanctions under Articles 433, 439, and 440. The indeterminate nature of these provisions undermines legal certainty and exposes both patients and practitioners to risk. This research seeks to assess whether the criminal provisions of Law No. 17 of 2023 ensure legal certainty consistent with Article 28D of the 1945 Constitution, and to propose normative reforms that reconcile patient rights, medical professionalism, and societal values. The study adopts a doctrinal legal method, employing statute, conceptual, and case approaches. Primary materials include the 1945 Constitution, the Indonesian Penal Code, the 2004 Medical Practice Act, and Law No. 17 of 2023 on Health among others. These are supplemented by secondary sources such as scholarly writings and judicial decisions.
The study revealed three principal challenges:
(i) the indeterminate nature of terms such as “contravening societal norms” and “identity alteration,” which lack clear legal definition;
(ii) regulatory overlap between the licensing regimes of the Medical Practice Act and the Health Law, resulting in duplication and inconsistency; and
(iii) deficient enforcement mechanisms, evidenced by the prevalence of unlicensed practitioners and poor adherence to informed consent requirements, professional standards (lege artis), and standard operating procedures.
The study concludes that the current regime fails to deliver legal certainty. It recommends issuing detailed Government Regulations under Article 137, harmonizing licensing systems, calibrating criminal sanctions by culpability, strengthening patient rights and communication safeguards, and prioritizing enforcement against unlicensed providers. These reforms would create a balanced framework that ensures patient safety and autonomy, professional integrity, and constitutional legal certainty.
Keywords: Aesthetic. Plastic, Surgery, Health, Law, Indonesia.
* Aris Yudhariansyah, Universitas Islam Sultan Agung- Indonesia,
Anis Mashadurohatun, Universitas Islam Sultan Agung- Indonesia,
Bambang Tri Bawono, Universitas Islam Sultan Agung- Indonesia,
Ahmed Kheir Osman, Somali National University-Somalia,
Muhammad Dias Saktiawan, Universitas Islam Sultan Agung- Indonesia.
