Abstract

Health law issues related to the medical profession, such as doctor rape their patients, doctor do inappropriate actions (indecent), doctor that lose control, or bullying from the senior in medical profession, shows that the potential psychopathology should be detected through mental health screening. However, regulations regarding mental health screening for the doctor profession in Indonesia only regulate as a lex generalis, that it creates leemten van normen. In this study, the author uses normative legal research with statute approach, conceptual approach, and comparative approach. The legal materials used are from primary and secondary legal sources. The technique used to collect legal materials is a literature study with legal analysis techniques through descriptive, comparative, and argumentative techniques. This study shows that regulations regarding mental health screening for the doctor profession from the positive law perspective only regulate as a lex generalis, which is unable to accommodate lex specialis, and consequently it causes a leemten van normen and legal uncertainty. Therefore, the regulatory models of mental health screening for the doctor profession from the future law perspective is required, refers to the regulatory model that is implemented in India, especially in Indonesia, the proposed policy of mental health screening for the doctor profession is required at every professional stage, from the education, practice, to the renewal of the doctor’s licence to create a certain lex specialis and ensure the physical and mental health of the doctor profession in order to carry out their professional responsibilities in a professional and compassionate way.