The Role of Indemnification in Medical Dispute Resolution: Legal and Ethical Implications
Keywords:
Compensation, medical disputes, legal aspects and ethical aspectsAbstract
Compensation in resolving medical disputes in Indonesia is very important because it can provide financial compensation for patients who experience losses due to malpractice. Data shows an increase in the number of complaints and lawsuits related to medical disputes every year. Determining fair and proportional compensation is often a complex challenge because it involves various aspects such as the level of patient loss, health service standards, medical evidence, and socio-economic factors. Therefore, a careful and holistic approach is needed in determining compensation to ensure fairness and improve health practices. The aim of this research is to identify the role of compensation in medical dispute resolution in Indonesia and to analyze its legal and ethical implications. The research method used is qualitative with a normative and empirical juridical approach. The research results show that compensation in resolving medical disputes in Indonesia is important to ensure justice for patients and the responsibility of health service providers. The process of determining compensation involves mediation, negotiation, and a formal legal process. The Health Law and health regulations require hospitals to have a dispute resolution mechanism and provide a legal basis for patients' rights to compensation. Legal and ethical aspects such as integrity and fairness are taken into consideration in determining compensation, creating a holistic settlement system to maintain fairness and quality of health services
References
Andrianto, W., & Andaru, DDA (2019). Hospital accountability patterns in resolving medical disputes in
Indonesia. Journal of Law & Development , 49 (4), 908-922.
Busthomi, AF, Sutarno, S., Nugraheni, N., & Huda, MK (2023). The Urgency of Health Courts as an Effort to
Solution Medical Disputes in Indonesia. Kertha Semaya Journal , 11 (11), 2677-2693.
Herman, H., Razak, A., & Riza, M. (2020). The idea of a special court in resolving medical disputes as a legal
protection measure for medical personnel. Jurisprudentie: Department of Legal Studies, Faculty of Sharia
and Law , 7 (1), 116-143.
jauhani, MA, & MH, SF (2020). The Dilemma of Doctors' Capability and Impartiality as Medical Dispute
Mediators . SCOPINDO MEDIA LIBRARY.
jauhani, MA, Supianto, S., & Hariandja, TR (2022). Legal Certainty for Settlement of Medical Disputes Through
Mediation Outside of Court. WELFARE STATE Law Journal , 1 (1), 29-58.
Kusumaningrum, AE (2016). Mediation in Resolving Medical Disputes as an Effort to Protect Patients.
Scientific Journal of Law and Community Dynamics , 14 (1).
Law Number 17 of 2023 concerning Health
Ministry of Health of the Republic of Indonesia. (2008). Minister of Health Regulation Number 269/Menkes/Per/III/2008 concerning Medical Services
Republic of Indonesia. (2004). Law Number 29 of 2004 concerning Medical Practice.
Republic of Indonesia. (2009). Law Number 44 of 2009 concerning Hospitals.
Republic of Indonesia. (2011). Government Regulation Number 46 of 2011 concerning the Implementation of
Medical Services.
Republic of Indonesia. (2023). Law Number 17 of 2023 concerning Health.
Lintang, K., Hasnati, H., & Azmi, B. (2021). The Position of the Indonesian Medical Discipline Honorary
Council in Resolving Medical Disputes. Volksgeist: Journal of Legal and Constitutional Studies , 167-179.
Priyadi, A. (2020). Legal Protection for Patients in Medical Disputes. Legal Horizons: Scientific Magazine of the
Faculty of Law, Wijayakusuma University , 22 (2), 79-89.
Purwadi, A. (2017). Principle of Presumption of Always Liability in Medical Disputes. PADJADJARAN Journal
of Legal Sciences (Journal of Law) , 4 (1), 104-121.
Sinaga, NA (2021). Medical Dispute Resolution in Indonesia. Aerospace Law Scientific Journal , 11 (2)
Sinaga, NA (2021). Medical Dispute Resolution in Indonesia. Aerospace Law Scientific Journal , 11 (2).
Suparman, R. (2020). Legal Protection and Hospital Responsibility for Doctors in Medical Disputes. Sharia
Law: Journal of Legal Studies , 17 (2), 188-215.
Supeno, S. (2019). Juridical Study of Medical Dispute Resolution in Indonesia. The Face of Law , 3 (2), 200-
Supeno, S. (2019). Juridical Study of Medical Dispute Resolution in Indonesia. The Face of Law , 3 (2), 200-
Trisnadi, S. (2017). Legal Protection of the Doctor's Profession in Resolving Medical Disputes. Journal of Legal
Reform , 4 (1), 24-41
Zaluchu, T., & Syaharudin, DY (2022). Settlement of Medical Disputes Between Patients or Patients' Families
and Doctors Based on Legal Provisions in Indonesia. Krtha Bhayangkara , 16 (2), 237-258.
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