The purpose of the study is based on a review of this legal epistemology to provide a sense of justice for all parties, the patients or doctors or other health workers in Indonesia. Many cases of medical malpractice allegations can not be proven legally, it is difficult to prosecute to the judiciary in Indonesia. With non-doctrinal normative sociological research methods with reported interviews, reporting and inventory of rules, Act, normative sociological settlement is more important, not all allegations of medical malpractice are a crime (dollus) depending on causality as negligence-culpa or culpa lata (heavy), culpa levis (light). Legal protection for patients with mediation, compensation, civil law up to criminal prosecution in court with Reversal Burden of Proof, synchronized in law enforcement between the Judiciary (Jurisprudence), Executive (published PERPU) which can execute the Judicial Institution's decision; Legislative Institutions create Health Laws that meet the elements of Legal Certainty, Utilization and Justice for the community
