Penal Mediation for Medical Dispute Settlement in Indonesia Perspective

Abstract

In Indonesia, most of medical malpractices which were submitted before the court brought loss to the patients. Besides having high degree of difficulty, medical malpractice vindication usually needs more extra effort, particularly by employing the Law on Medical Practice. Therefore, the proposed main question is whether the medical doctor or professional medical staffs in hospital are couldn’t be touched by law and justice. In Indonesia, the plausibility of Alternative Dispute Resolution to be included into criminal justice system in Indonesia. Indonesia actually has already have a settlement procedure out of the court through MKDKI (Board of Medical Discipline). In fact, the Indonesian are tent to choose the settlement on medical practice to the court because MKDKI is a non well-known institution in Indonesia society. Moreover, the MKDKI settlement couldn’t give a compensation to the victim. This paper is a normative research and the methodology employed based on library research. Data will be analyzed investigation after conducting the investigation honestly and in accordance to the professional medical code of ethics on medical malpractice cases as undertaken by Indonesian Medical Honorary Assembly. Medical dispute settlement shall be in accordance to legal norms that live in society, which based on collective values or dealing with collective achievement (sinngebungen) to whom the protection on interests is going to be conducted on the basis of virtue since it is worth to achieve.



Author Information
Aroma Elmina Martha, Universitas Islam Indonesia, Indonesia

Paper Information
Conference: ECPEL2016
Stream: Law 12. Criminal Justice Policy and Law

This paper is part of the ECPEL2016 Conference Proceedings (View)
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