Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia

Research Article

Medical Dispute Resolution Between Doctors and Patients in The Legal System in Indonesia

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  • @INPROCEEDINGS{10.4108/eai.30-10-2021.2315745,
        author={Erna Emlijah and Evita Isretno Israhadi},
        title={Medical Dispute Resolution Between Doctors and Patients in The Legal System in Indonesia},
        proceedings={Proceedings of the First Multidiscipline International Conference, MIC 2021, October 30 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={MIC},
        year={2022},
        month={1},
        keywords={medical dispute resolution; health law},
        doi={10.4108/eai.30-10-2021.2315745}
    }
    
  • Erna Emlijah
    Evita Isretno Israhadi
    Year: 2022
    Medical Dispute Resolution Between Doctors and Patients in The Legal System in Indonesia
    MIC
    EAI
    DOI: 10.4108/eai.30-10-2021.2315745
Erna Emlijah1,*, Evita Isretno Israhadi1
  • 1: Universitas Borobudur, Indonesia
*Contact email: drerna.mata@gmail.com

Abstract

This paper discusses the resolution of medical disputes, knowing the regulation of health services, and the legal responsibilities of doctors in the event of malpractice according to Indonesian law to know the resolution of medical disputes that can protect both parties in the legal system in Indonesia. This discussion harmonizes the legislation with the real situation in society. The approach used here is a normative legal approach. The approach method uses a statutory approach, a conceptual approach, and a historical approach. There are still shortcomings in the resolution of medical disputes that are taken through litigation and non-litigation channels. Thus, an idea was found through discussion, that a special forum for the resolution of medical disputes was needed.