Medical malpractice and medical risk are two different things. Still, the difference is so slight that there is often a misunderstanding in society, resulting in patient or family dissatisfaction with medical services or actions provided by health workers, especially doctors, resulting in high legal prosecution cases—malpractice to the doctor concerned. With the Republic of Indonesia Decision Number 4 / PUU-V / 2007 of 2007, Law of the Republic of Indonesia Number 29 of 2004 concerning Medical Practice as long as it is related to imprisonment and imprisonment which is subject to criminal acts regulated in articles 75, 76 and 79 (c) has been written off. Sources of legal discoveries used in this journal are statutory regulations (written law), jurisprudence, doctrine.