Doctor Criminal Liability for Therapeutic Agreements With Patients in Case of Benzodiazepine Drug Distribution

Abstract

Benzodiazepines, a class of psychotropic drugs, are prescribed by doctors to patients and raise questions about the responsibilities of healthcare providers. This study aims to describe the therapeutic agreement between doctors and patients based on Indonesian law and analyze the criminal liability of doctors when patients distribute benzodiazepines to others. The study uses a statutory and conceptual approach, with data collected through traditional and online literature searches and analyzed qualitatively in a narrative-descriptive style. The findings reveal that a therapeutic agreement creates a legal relationship between
doctors and patients based on trust, encompassing not only treatment but also diagnostic, preventive, rehabilitative, and promotive efforts. Patient distribution of benzodiazepines obtained from a prescription violates the therapeutic agreement, but doctors cannot be held legally responsible for medical risks if they have followed professional standards, medical service standards, and standard operating procedures. The criminal law provisions cannot be fulfilled in cases of patient distribution of benzodiazepines as there is no causality between medical actions by doctors and the criminal acts by patients.