Rahayu Sri Utami
Universitas Maarif Hasyim

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Mekanisme Perlindungan Dan Kepastian Hukum Bagi Tenaga Medis Dan Tenaga Kesehatan Terhadap Kekerasan Dalam Pelayanan Kesehatan Wahyu Nur Chalamsah Setiawan; Agam Sulaksono; Ahmad Heru Romadhon; Rahayu Sri Utami
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v25i1.16560

Abstract

Background:  Violence against medical personnel and healthcare workers in healthcare services has increased significantly, creating an urgent need for comprehensive legal protection. Although Indonesian legislation has established preventive and repressive legal protection mechanisms, their implementation requires a holistic approach that integrates positive law with the ethical values of Islamic law to ensure justice, dignity, and safety for healthcare workers. Purpose:    Normative legal research was conducted through statutory, conceptual, and Islamic legal-ethical approaches, using Indonesian health regulations, criminal law provisions, maqāṣid al-sharī‘ah, and Islamic legal maxims as analytical materials Methods:   This study employed normative legal research using statutory, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively to examine the legal framework governing the protection of healthcare workers and its compatibility with the principles of Islamic law. Results:  The study found that legal protection for medical personnel and healthcare workers is implemented through preventive and repressive mechanisms. Preventive protection includes the right to work in accordance with professional standards and standard operating procedures, the right to discontinue services when facing violence or degrading treatment, and the obligation of healthcare facilities to provide a safe working environment. Repressive protection is implemented through institutional dispute resolution, enforcement of professional ethics and discipline, legal assistance, and criminal law enforcement under the Indonesian Criminal Code when criminal elements are fulfilled. From the perspective of Islamic law, these mechanisms are consistent with the objectives of maqāṣid al-syarī‘ah, particularly ḥifẓ al-nafs (protection of life) and ḥifẓ al-‘irḍ (protection of human dignity), while the imposition of sanctions reflects the principles of ta‘zīr and siyāsah shar‘iyyah in safeguarding public welfare and preventing harm. Implication:   Strengthening legal protection for healthcare workers requires harmonization between statutory regulations, institutional governance, and effective law enforcement, while integrating Islamic ethical principles to promote a safe, dignified, and sustainable healthcare system. Originality:   This study contributes by integrating Indonesian positive law with Islamic legal principles in analyzing legal protection mechanisms for healthcare workers, demonstrating that preventive and repressive protection not only ensure legal certainty but also realize the objectives of maqāṣid al-syarī‘ah through the protection of life, dignity, and public welfare  
Penyelesaian Sengketa Medis Melalui Mekanisme Non Litigasi Oleh Dinas Kesehatan Kota Mataram Emirald Isfihan; Fajar Rachmad; Ahmad Heru Romadhon; Rahayu Sri Utami
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v25i1.16561

Abstract

  Background:  The increasing complexity of the relationship between patients and healthcare professionals has led to a higher potential for medical disputes, thereby requiring dispute resolution mechanisms that are effective, fair, and oriented toward restoring legal relationships between the parties. Law Number 17 of 2023 on Health mandates that medical disputes must be resolved through non-litigation mechanisms before judicial proceedings are pursued. This regulatory framework reflects a paradigm shift toward restorative and dialogical dispute resolution within the Indonesian healthcare legal system. Purpose:   This study aims to analyze the authority of the Mataram City Health Office in facilitating the non-litigation resolution of medical disputes and to evaluate the implementation of such mechanisms from the perspectives of legal certainty and legal protection for the parties involved. Methods: This study employs a socio-legal approach that combines empirical and normative legal analysis. Primary data were obtained through in-depth interviews with officials of the Mataram City Health Office, mediators, healthcare professionals, and other relevant stakeholders, supported by mediation documents and institutional records. Secondary data were collected from legislation, legal literature, and policy documents. Data were analyzed qualitatively using the perspectives of living law, legal pluralism, and restorative justice. Results: The findings demonstrate that the authority of the Mataram City Health Office possesses strong juridical legitimacy under Law Number 30 of 1999, Law Number 23 of 2014, and Article 310 of Law Number 17 of 2023. Empirical evidence further reveals that the MONALISA mediation mechanism has evolved into a socially accepted dispute resolution practice that reflects the principles of shūrā (deliberation), iṣlāḥ (reconciliation), and public welfare within Muslim society. The effectiveness of mediation is therefore supported not only by statutory regulation but also by the interaction of state law, professional ethics, local culture, and Islamic values, illustrating the operation of legal pluralism in medical dispute resolution. Implication:  The findings suggest that strengthening institutional mediation should involve not only regulatory reinforcement but also the incorporation of local social and religious values into healthcare dispute resolution policies. Such an approach may enhance public trust, expand access to justice, and promote ethical governance in healthcare services. Originality:  This study contributes to the socio-legal discourse on healthcare governance by demonstrating that the effectiveness of medical dispute resolution through the Mediation House and the MONALISA system is shaped by the interaction between legal authority, professional norms, and community-based dispute resolution practices.