PENYELESAIAN TINDAK PIDANA MEDIS PROFESI DOKTER TELINGA HIDUNG TENGGOROKAN-BEDAH KEPALA LEHER MELALUI MEDIASI BERDASARKAN UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN

Abstract

Medical disputes in Indonesia frequently arise from differing perceptions between patients and healthcare professionals regarding procedures, diagnoses, or treatment outcomes. Litigation is considered ineffective because it requires substantial time and financial resources. This study aims to analyze the effectiveness of mediation as an alternative mechanism for resolving medical disputes under the Health Law Number 17 of 2023, as well as to identify the obstacles to its implementation. The research employs a normative juridical method with a statutory approach, supported by conceptual analysis and a review of Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. The findings show that mediation is designed as a consensual forum grounded in national values such as mutual cooperation and deliberation, in accordance with the principles of Pancasila and the 1945 Constitution. Mediation offers a dispute resolution process that is faster, confidential, and capable of safeguarding medical privacy, thereby aligning with the nature of the doctor–patient relationship. However, its effectiveness is hindered by limited understanding among stakeholders, an insufficient number of competent medical mediators, and inadequate public and professional outreach regarding mediation procedures. With strengthened regulations and enhanced mediator competency, mediation has the potential to become a primary instrument in resolving medical disputes in Indonesia.

Keywords: Medical Negligence Mediation