Implementation of Mediation as an Alternative for Medical Dispute Resolution in Hospitals Based on Law No. 36 of 2009 concerning Health

Lina Herlina

doi:10.47191/ijsshr/v4-i6-17

Abstract

The Law on Health does not explicitly explain mediation in resolving a dispute between a doctor and a patient, so there are still many disputes that go directly to litigation, so the number of cases piles up in court. The method used in this paper uses a normative legal type method, with a statutory approach, using primary legal materials, by collecting data by literature study, then analyzed using qualitative methods. Disciplinary sanctions imposed on violations of physician discipline as stated in Law No. 29 of 2004 article 69 in the form of a written warning, revocation of the registration certificate or practice license, and the obligation to attend medical or dental education.

Highlights

Health is the right of every human being, which has become the main capital in achieving an optimal and prosperous life that must be realized according to the mandate of the 1945 Constitution
In health services provided by doctors to patients, sometimes it is unavoidable that a dispute or dispute usually arises when there is a sense of patient dissatisfaction with a health service provided by a doctor so that patients say that this is an act of malpractice
There are three sources of data used in this study, including primary legal materials, secondary legal materials, and tertiary legal materials.7 1) Primary Legal Materials, obtained from several regulations governing mediation, including: a) The 1945 Constitution of the Republic of Indonesia. b) Law No 36 of 2009 concerning Health. c) Law No 29 of 2004 concerning Medical Practice. d) Law No 44 of 2009 concerning Hospitals. e) Law No 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. f) Law No 8 of 1999 concerning Consumer Protection. g) The Regulation of the Supreme Court (PERMA) No.[1] of 2008 concerning Mediation Procedures in Courts. h) The Regulation of the Supreme Court (PERMA) No.[1] the Year 2016 concerning Mediation Procedures in Court

Summary

Introduction

Health is the right of every human being, which has become the main capital in achieving an optimal and prosperous life that must be realized according to the mandate of the 1945 Constitution. According to Law No 36 of 2009 concerning Health, provides an understanding that health is a healthy state, both physically, mentally, spiritually, and socially, which allows everyone to live socially and economically productive. Every effort to maintain and improve the health status of every community is carried out based on the principles of non-discrimination, participation, and sustainability.[1] In serving the community, doctors provide services and actions according to the knowledge and competencies obtained through tiered education and a code of ethics that is serving the community, this has been regulated in Law No 29 of 2004 concerning Medical Practice.[2] In health services provided by doctors to patients, sometimes it is unavoidable that a dispute or dispute usually arises when there is a sense of patient dissatisfaction with a health service provided by a doctor so that patients say that this is an act of malpractice

Objectives

Methods

Discussion

Conclusion