Legal Reconstruction of Medical Dispute Settlement Based on Restorative Justice Value

Abstract

The background of this research is what are the weaknesses of the application of restorative justice in cases of medical disputes and how to reconstruct the law based on Restorative Justice value as a means to find new legal breakthroughs that are useful for the medical world as well as fulfill aspects of victim protection. The method used is an empirical approach, namely Sociological Normative, in which the study used in this research is a Socio-legal research approach. The findings of this study show that the weaknesses of the application of restorative justice in cases of medical disputes settlement is that the handling of cases of suspected medical disputes by police investigators will of course use procedures or procedures that are it is in the Criminal Procedure Code as a reference, this is because the UUPK and the Health Law do not regulate how the proceedings should be carried out if there is an allegation that a doctor has violated the articles in the UUPK as Mediation has weaknesses, namely limited juridical support for the process and its results, including the execution of the resulting dispute settlement (peace) agreement. The process and the resulting decisions cannot simply be forced. Laws that regulate mediation have not yet been enacted to provide legal certainty, so it is necessary to carry out legal reconstruction in the Law on Health and the Law on Medical Practice.