The Position of Mediation in Resolving Medical Disputes in Hospital Health Services
Keywords:
Health Services, Medical Disputes, MediationAbstract
The legal relationship between medical personnel and patients in carrying out their services as health workers often results in incidents where health workers ignore a patient's rights until a problem or dispute arises. Mediation is a means of alternative dispute resolution outside of court. Medical malpractice is an action carried out by health workers regarding evil or bad practices in the case of failure to fulfill a standard that was initially determined by the profession. Regulations regarding the resolution of medical disputes through mediation are regulated in Article 29 of Law Number 36 of 2009, there are vague norms in it where the article regulates mediation but does not clearly explain what mediation is meant to be, more specifically it does not explain the penal mediation efforts involved. results in implicit in the settings, so it needs to be researched. The research method used in this research is a normative juridical research method where this is done by researching library materials or what is often said using secondary data in the form of positive law. The results of this discussion show that in the event of a medical dispute, mediation can be taken as an alternative solution to the problem. In fact, mediation is the first legal effort that must be carried out.
References
Ahmad Muchsin, Legal Protection for Patients as Consumers of Health Services in Therapeutic Transactions, Journal, https://media.neliti.com/media/publications/37042-ID .
Ahmadi Usman, Dispute Resolution Options Outside the Court, PT. Citra Aditya Bakti, Bandung, 2013.
Arif Dian Santoso, Settlement of Medical Disputes Through Mediation by the Indonesian Medical Discipline Honorary Council to Guarantee Justice in Doctor and Patient Relations, Postgraduate Law Journal, Faculty of Law, Sebelas Maret University, Vol. 07, No. 01, 2019.
Barda Nawawi Arief, Penal Mediation for Settlement of Cases Outside of Court, Semarag: Pustaka Merdeka, 2008.
Diah Ratna Sari Hariyanto, 2018, Construction of Penal Mediation in Resolving Minor Crimes in Indonesia, Dissertation at Udayana University, Denpasar.
Evalina Alissa, Sasmiar, Existence of Mediation Institutions as a Means of Resolving Medical Disputes, Volume 5(1), April 2021.
Health, Psychotropics, Narcotics. Pustaka Achievement, Jakarta 2011, Print 1.
Hj. Ukilah Supriyanti, Legal Relationship Between Patients and Medical Personnel (Doctors) in Health Services, www.jurnal.unigal.ac.id.
Hj. Ukilah Supriyanti, Legal Relationship Between Patients and Medical Personnel (Doctors) in Health Services, www.jurnal.unigal.ac.id.
I Wayan Wiryawan and I Ketut Artadi, 2017. Dispute Resolution Outside of Court: Non-litigation Skills of Legal Officials, Udayana Press, Denpasar.
Irfan Iqbal Muthahhari, Collection of Laws concerning Medical Practices, Hospitals,
Keyzha Natakharisma, I Nengah Suantra, Mediation in Resolving Criminal Cases in Indonesia, Kertha Wicara Journal, Faculty of Law, Udayana University, Vol. 01, No. 05, 2013.
Law of the Republic of Indonesia Number 36 of 2009 concerning Health .
Law of the Republic of Indonesia Number 36 of 2014 concerning Health Workers.
Law of the Republic of Indonesia Number 44 of 2009 concerning Homes Sick
Minister of Health Regulation No.2052/Menkes/Per/X/2011 concerning Practice Permits and Implementation of Medical Practice Article 24
Ni Made Mira Junita, I Dewa Gede Dana Sugama, Mediation Efforts in Resolving Medical Malpractice Disputes.
Regulation of the Minister of Health of the Republic of Indonesia Number 83 of 2019 concerning Registration of Health Personnel
Ridwan Syahrani, 2000, Basic Material Book for Civil Procedure Law, Bandung: PT. Aditya Baktim's image.
Risma Situmorang, Settlement of medical disputes between patients and hospitals, Omnium Salute Aegri Journal Vol. 1, No. August 1, 2021.
Roni Sulistyanto Luhukay, Hartanto, Urgency of Implementing Local Lockdown to Prevent the Spread of Covid 19 Reviewed from the Perspective of the Unitary State, Adil Indonesia Journal, Volume 2 Number 2 July 2020, Ngudi Waluyo University.
S.Tri Herlianto, Penal Mediation as an Alternative for Resolving Crime Cases in Medical Practice", Faculty of Law, Diponegoro University, Vol. 43, no. 02, 2014.
Safitri Hariyani, 2005, Medical Disputes (Alternative Resolution of Disputes Between Doctors and Patients), Jakarta: Didit Media.
Satria, beni. Redyanto Sidi, Hospital Criminal Liability for negligence committed by medical personnel, Dewa Publishing, Nganjuk. 2022
Satria, beni. Redyanto Sidi, Medical Criminal Law and Malpractice (Aspects of Criminal Liability for Doctors in Health Services, CV. Cattleya Darmaya Fortuna, Medan. 2022.
Sidi, Redyanto, Human Rights in the Perspective of Health Law in Indonesia, Perdana Publishing, Medan. 2021.
Sopiyudin Dahlan, Negligence in Medicine, Jakarta: Salemba Medika, 2008.
Sri Siswati, 2013, Ethics and Health Law in the Perspective of Health Law, Rajawali Pers, Jakarta.
Takdir Rahmadi, Dispute Resolution Mediation Using a Consensus Approach, Rajawali Pers, Jakarta, 2015.
Trini Handayani, Settlement of Medical Disputes Through Mediation Linked to Supreme Court Regulation Number I of 2008 Concerning Mediation Procedures in Court, Mimbar Justicia Law Journal, Faculty of Law, Suryakancana University, Vol. 06, No. 02, 2014.
Uly Purnama Nasution, Effectiveness of Mediation in Resolving Medical Disputes (Field Study of PKU Muhammadiyah Gamping Sleman Hospital), Widya Pranata Hukum Journal, Volume 2, Number 2, September 2020.
