In Indonesia, traditional health services are not new therapies that are used as an alternative to the use of chemical treatments. The relatively inexpensive and more selective cost factor of the community using traditional medicine rather than chemical drugs tends to be an option. The problem arises when traditional health professionals do negligence which results in the death of the patient. The questions are how to explain the elements criminal liability for the defendant, and how to determine the criteria for the act included in the element of negligence if it causes death in patients. This research is a descriptive study, which describes the element of criminal responsibility in the aspect of error in the form of negligence elements caused by negligence committed by traditional health professionals. The approach used is normative juridical. This study uses primary, secondary and tertiary legal materials. The analysis technique used is qualitative descriptive analysis. It was concluded that the negligence criteria caused by the negligence of traditional health professionals even though it was regulated in the provisions of the Health Law No.36 of 2009 concerning health but not explicitly explained the criteria for negligence. So that this criterion still refers to the doctrine of the nature of fault regarding negligence in criminal law. Even though it has been regulated in the Criminal Code but there needs to be a special regulation regarding negligence sanctions on the criminal acts of traditional medical practitioners.

Keywords: criminal responsibility, negligence, traditional health services, treatment goals