PENERAPAN PASAL 441 UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 17 TAHUN 2023 TENTANG KESEHATAN TERHADAP PELAKU PRAKTIK MEDIS ESTETIKA ILEGAL

Abstract

The rapid expansion of the Indonesian beauty industry has led to a noticeable surge in illegal aesthetic medical practices by non-medical personnel, generating critical legal concerns regarding the scope of authorized beauty and medical services. This context necessitates the robust application of Article 441 of Law Number 17 of 2023 on Health to enforce criminal liability and ensure consumer safety. This research analyzed the regulation and application of Article 441 against these perpetrators, specifically examining the criminal accountability of beauty salon owners who facilitate unauthorized medical acts. Using a normative legal methodology with statutory and conceptual approaches, the study found that: (1) While Article 441 provides a sufficient legal basis to prosecute illegal practices, its terminology, particularly the phrase “menimbulkan kesan” (creating the impression), is inherently subjective and prone to multiple interpretations, thus diminishing legal certainty; and (2) Salon owners who facilitate such illegal practices can face criminal liability based on intent (dolus) or negligence (culpa), aligning with the principles of participation and omission/failure to prevent under Article 55 and Article 56 of the Criminal Code (KUHP). The study recommends implementing clearer normative explanations to define the subject of law, classify prohibited medical acts, and replace the subjective phrase with objective, measurable terminology to strengthen the article's effectiveness and ensure legal certainty.