IDAI Promotes Amicus Curiae Case of Dr. Ratna Setia Asih: Do not Criminalize Doctors Without Scientific Evidence
JAKARTA - The Indonesian Pediatric Doctors Association (IDAI) officially submitted an Amicus Curiae Opinion regarding criminal case number 295/Pid.Sus/2025/PN Pgp on behalf of the defendant dr. Ratna Setia Asih, Sp.A. This legal document was submitted directly to the Pangkalpinang District Court as a form of moral, scientific, and legal concern.
This step was taken to ensure that the medical case experienced by dr. Ratna is not decided based on assumptions. This case is considered to have wide implications for the legal protection of medical personnel in Indonesia.
IDAI is concerned that if the immediate medical risk (adverse event) is convicted without strong scientific evidence, the national health service will be under the shadow of criminalization.
3 Crucial Medical and Legal Points in Amicus Curiae
In the Amicus Curiae document filed, IDAI outlines three fundamental facts that should be considered by the Panel of Judges:
Severe Comorbidities of Patients: The patient's condition (Ananda AR) is a complex clinical case with comorbidities in the form of Total AV Block (the highest degree of cardiac electrical conduction disorder) which is at risk of triggering sudden cardiac arrest. Multidisciplinary Treatment: Patient care is carried out by a joint team of pediatric specialists and heart specialists. Charging the entire death toll to one doctor is considered logically and legally wrong. Absence of Medical Autopsy: Without a post-mortem examination, the exact cause of death cannot be objectively known. Punishing a doctor without an autopsy is considered to drop the causal element (conditio sine qua non)."Doctors should not be punished for poor medical outcomes if there is no scientific evidence that confirms the causal relationship between the doctor's actions and the patient's death. Criminal law should not stand on mere assumptions," said the Chairman of the IDAI Central Board, DR. Dr. Piprim Basarah Yanuarso, Sp.A(K).
Encourage the Application of the Basis In Dubio Pro Reo
The Secretary General of IDAI, Dr. Hikari Ambara Sjakti, Sp.A(K), added that the trial so far has not been able to prove the negligence of the defendant as the direct cause of the patient's death.
Therefore, IDAI asked the panel of judges to apply the legal principle of In Dubio Pro Reo. This principle states that if there is doubt in the evidence, then a decision must be made that is most beneficial to the defendant.
This step is also in line with the new paradigm in the National Criminal Code and Law Number 20 of 2025. The regulation provides firm legal protection for medical personnel who have good intentions and work according to medical indications and professional standards.
4.061 Solidarity Movement of Court Friends across Indonesia
Support for Dr. Ratna garnered massive solidarity from the medical community. As many as 4,061 court friends from 34 IDAI branches throughout Indonesia, from Aceh to Papua, united to sign this document.
Profile of Amicus Curiae Support IDAI
Total Signatories: 4,061 Pediatric Specialists
Coverage Area: 34 IDAI Branches (Aceh to Papua)
Composition of Experts: Full Professor/Professor, Consultant in Pediatric Cardiology, Neonatology, Neurology, and Health Law Expert
Chairman of the IDAI Member Development and Defense Agency (BP2A), Prof. Dr. Aryono Hendarto, Sp.A(K), MPH, SH, MH, stated that this case will be an important precedent for the future of the medical world.
"Will the doctor in the future work with professional courage, or will he be overwhelmed by fear because every medical risk can easily be dragged into a criminal case," said Prof. Aryono.
IDAI's demands to the Panel of Judges
Through this non-partisan Amicus Curiae document, IDAI together with thousands of pediatric specialists appeal to the Panel of Judges to:
Stating that the negligence charge against dr. Ratna Setia Asih, Sp.A was not proven legally and convincingly. To impose a purely free verdict (Vrijspraak) for the sake of law, justice, and certainty of protection of the medical profession in Indonesia.IDAI emphasized that justice for patients should not be achieved at the expense of doctors through weak and unscientific proof processes.