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Muammar Fadillah
Universitas Bengkulu
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Implementation of Hospital Regulations to Protect Vulnerable Patients: A Comparative Study of Indonesia, Malaysia, and Australia Muammar Fadillah; M. Yamani; Maria Eka Patri; Noor Aziah Mohd Awal; Cameron Stewart
RechtIdee Vol 21, No 1 (2026): JUNE
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v21i1.34201

Abstract

Study Objective: The study aims to examine the implementation of Hospital Regulations (HBL) as an internal legal instrument to protect vulnerable groups and to situate Indonesian practices within a comparative framework informed by hospital governance laws in Malaysia and AustraliaMethod/Approach: The research method is normative-empirical and comparative, and is analyzed descriptively and qualitatively.Novelty: This study lies in its address of the patient dimension of vulnerability. Unlike the current HBL approach, which primarily protects medical professionals, it should also protect patients from unfair litigation and institutional harm.Findings: The results indicate that HBL at Gading Medika Hospital has not been implemented optimally as a comprehensive protection instrument for vulnerable groups. Comparison of the Malaysian Private Health Facilities and Services Act 1998 and the Australian National Standards for Safety and Quality of Health Services.Conclusion: To expect a strong HBL that is sensitive to vulnerable groups, it must align with Law No. 17/2023 and be grounded in best practices, which is a prerequisite for ensuring non-discriminatory access, procedural fairness, and institutional accountability in hospital governance in Indonesia
Analisis Perlindungan Hukum Atas Sengketa Medik Hak Pasien di Rumah Sakit dengan Pendekatan Win-win solution Vivin Handoko; Muammar Fadillah; Wewe Suryani; Rara Afrieska; Maria Eka Patri Yulianti; Reny Suryanti
Jurnal Multidisiplin Dehasen (MUDE) Vol 5 No 1 (2026): Januari
Publisher : LPPJPHKI Universitas Dehasen Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/mude.v5i1.9834

Abstract

The development of healthcare services in Indonesia demands clear legal protection for patients' rights, especially in the resolution of medical disputes between patients and healthcare providers. However, the relationships formed in this context do not always run harmoniously, often leading to medical disputes. These disputes often arise between patients and healthcare providers due to patient dissatisfaction with the service outcomes, allegations of malpractice, or lack of communication between the parties. Legal protection of patients' rights is a central issue in resolving medical disputes. This study is a normative legal research. The analysis will focus on qualitative analysis by discussing regulations and literature related to Indonesian healthcare law. The win-win solution approach through mediation and restorative justice is an effective and fair mechanism for resolving medical disputes, as it emphasizes consensus, transparency, and relationship restoration. Commitment from all parties is needed to optimize this mechanism through enhancing mediator capacity, raising awareness of patients' rights, and improving the hospital complaint system.
Co-Authors Cameron Stewart M. Yamani Maria Eka Patri Maria Eka Patri Y Noor Aziah Mohd Awal Rara Afrieska Reny Suryanti Vivin Handoko Wewe Suryani