Restorative as an Approach to Medical Dispute Resolution Between Doctors and Patients

Abstract

The legal relationship between doctors and patients is an important aspect of the health care system. This interaction not only includes the medical dimension, but also has implications for legal and ethical responsibilities. When a medical dispute occurs, for example due to patient dissatisfaction with the results of treatment, claims of negligence, or violations of patient rights, this problem often has a negative impact on all parties, including disrupting the doctor's reputation and public trust in health institutions. In this context, a
dispute resolution approach is needed that does not only focus on punishment, but also on restoring relationships, trust, and a sense of justice. Law Number 17 of 2023 concerning Health, as part of the health law reform in Indonesia, brings a number of important updates that can support more effective resolution of medical disputes. The articles in this law, such as Article 457 which emphasizes the importance of patient rights-based health services and the professionalism of health workers, provide a legal basis for a dispute resolution approach that is more oriented towards restorative justice. This approach aims to create a constructive dialogue between doctors and patients, and ensure that the rights and obligations of each party are fulfilled fairly, which is the theory of restorative justice ) is the basis. This study discusses How to apply the theory of restorative justice in resolving medical disputes between doctors and patients based on the Indonesian legal framework, especially Law Number 17 of 2023 concerning Health; What are the challenges and strategies that can be done to integrate the restorative justice approach in resolving medical disputes in order to improve justice and restore the relationship between doctors and patients. This study uses the Normative Juridical approach method. The results of the discussion in this study are the restorative justice approach, a medical dispute resolution system can provide a number of significant benefits, including: Restoring Relationships The mediation process that focuses on dialogue helps restore the relationship between doctors and patients, thereby creating better trust; Time and Cost Efficiency The mediation process is generally faster and cheaper than litigation, thereby reducing the financial burden on both parties.; Increasing trust in the health system a humanistic approach can increase public trust in health institutions and medical personnel; protection of patient and doctor rights through mediation, both patients and doctors can convey their aspirations and complaints in an equal and fair manner; Integrating a restorative justice approach in resolving medical disputes in Indonesia is
a realistic and necessary step, especially within the framework of Law No. 17 of 2023 concerning health. Despite the challenges, a well- designed strategy including education, preparation of technical guidelines, and patient empowerment can ensure that this approach is effective. With restorative justice, not only can medical disputes be resolved more humanely, but also the relationship between doctors and patients can be restored, thereby improving the quality of the national health system. This study provides suggestions, namely: Intensive and comprehensive socialization is needed to face challenges such as lack of understanding, limited technical regulations, and dominant litigation culture, strategies such as education, preparation of technical guidelines, strengthening mediator capacity, and patient empowerment can support the integration of restorative justice. If implemented optimally, this approach can not only resolve medical disputes efficiently and fairly, but also increase public trust in the national health system and maintain good relations between doctors and patients.