Legal Protection of Medical Personnel in The Resolution of Medical Disputes According to Health Law Number 17 of 2023
Keywords:
Legal Protection, Medical Personnel, Medical Dispute, Health LawAbstract
The legal relationship between patients and medical personnel/health workers/hospitals establishes rights and obligations that often lead to medical disputes. These disputes arise when patients feel harmed by medical treatment. Medical dispute resolution can occur through litigation or non-litigation (mediation). Health Law Number 17 of 2023 updates the provisions for resolving medical disputes, replacing the previous Health Law and Hospital Law. The purpose of this study is to determine the legal protection for medical personnel in medical dispute resolution according to Health Law Number 17 of 2023. This research uses an analytical descriptive method with a normative juridical approach. Data collection was carried out through library research and document studies using primary legal materials such as the Criminal Code and Law Number 17 of 2023 concerning Health. The results were analyzed normatively and qualitatively, focusing on regulations governing legal issues related to health workers, especially the medical profession. The results concluded that, based on Law Number 17 of 2023 concerning Health, health workers must provide complete information to patients. If medical action adheres to standards and a failure occurs, the health worker is not to blame unless there is proven negligence or error. In case of a dispute, resolution can occur through litigation or mediation. Mediation is preferred because it is quick, inexpensive, and avoids long-term animosity. Litigation often harms the reputation and psychology of medical personnel and increases the cost and complexity of the legal process.
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