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Mediation as a Legal Remedy for Medical Disagreements in Indonesia
Mediation as a Legal Remedy for Medical Disagreements in Indonesia
A legal remedy for medical disagreements between patients and healthcare providers is mediation. To protect its residents' health, the Indonesian government established the Health Guarantee Card program. However, the law's ambiguous standards governing mediation could make it difficult to understand the efforts necessary in prison mediation. Legal regulations have increased in tandem with the rising awareness of patients' rights, but there has also been a rise in disputes brought on by hospitals or healthcare providers. Patients frequently accuse medical professionals of malpractice as a result of insufficient or disappointing results, which can lead to medical disputes. Therapeutic contracts and rules underpin the legal relationships that exist between hospitals, physicians, and patients in the healthcare industry. Historically, trust was the basis for trust, but advances in science and technology have disrupted this trend.
Poor therapeutic transactions come from doctors, hospitals, and patients not fulfilling their duties as planned. This can lead to conflicts. Medical conflicts arise when a doctor or dentist's activities negatively impact the patient's interests. Litigation or non-litigation may be used to settle these disagreements; mediation is a win-win scenario. Since mediation is less costly and time-consuming than litigation and is predicated on good faith, it is a preferable approach. Medical staff are required by Law Number 36 of 2009 concerning Health, Article 29, to address cases of negligence through mediation. The purpose of this study is to investigate how hospital health services use mediation to settle medical disputes. Normative juridical research, document analysis, and qualitative analysis were employed in the study to fully comprehend the function of mediation in settling medical disputes by analyzing the data.
To resolve conflicts via negotiation with impartial parties, mediation organizations are an essential component of the medical dispute resolution process. They have been accredited and acknowledged by the Supreme Court, proving that they have completed mediation training and earned their certification. Article 29 of the Health Law and Article 60 of the Hospital Law regulate mediation, guaranteeing that disagreements are settled outside of the court system. In addition to the Provincial Hospital Supervisor (Provincial BPRS), other organizations that handle conflict resolution also use professional evaluation, consultation, mediation, and negotiation. Perma Number 1 of 2016 about Procedural Mediation allows parties to settle disputes outside of court before the matter is tried in a judicial body, institutionalizing mediation inside the legal system.
Because medical malpractice lawsuits may be expensive and time-consuming, they are becoming increasingly common. Non-litigation initiatives and other alternative conflict resolution techniques are becoming more efficient and economical in handling situations. A type of restorative justice called penal mediation seeks to provide justice to both criminal offenders and victims. It is not, however, covered by any laws in the Indonesian criminal justice system. The victim's complaint serves as the basis for the malpractice investigation procedure, and the police are only involved as witnesses to the conclusion of the criminal case through a peace agreement. Notwithstanding agreements, the court still has the last say over the case and the prosecution proceeds. The primary method for settling medical disagreements is mediation, which seeks to preserve the doctor-patient relationship and provide a mutually beneficial outcome.
- Mediation is preferred for resolving medical disputes due to its cost-effectiveness and efficiency compared to litigation.
- Indonesian laws, including the Health Law and Hospital Law, mandate mediation for negligence cases, reinforcing its role in dispute resolution.
- Ambiguities in legal standards and the absence of specific regulations for penal mediation complicate the mediation process in medical disputes.
