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Muhammad Adib Al Wafa
Universitas Pembangunan Panca Budi

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Study Of The IUS Constituendum On The Establishment Of The Special Court For The Medical Profession As An Effort To Reform The National Health Law In Indonesia Muhammad Adib Al Wafa; Irsyam Risdawati; Marice Simarmata
Judge : Jurnal Hukum Vol. 7 No. 2 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v7i2.2796

Abstract

The complexity of medical disputes in Indonesia continues to increase along with developments in medical science, health technology, and the legal relationship between patients and medical personnel. Currently, medical disputes are resolved through various mechanisms, including ethical, professional disciplinary, civil, criminal, and alternative dispute resolution. Although Law Number 17 of 2023 concerning Health provides a new legal framework for health services and dispute resolution, it does not establish a special court specifically handling medical professional cases. This condition may lead to differences in assessing medical actions, professional standards, negligence, and the liability of medical personnel. This study aims to analyze the urgency of establishing a Special Court for the Medical Profession and formulate its *ius constituendum* within Indonesia's national health legal system. This normative legal research employs statutory, conceptual, historical, and comparative approaches. Legal materials are analyzed qualitatively to formulate a legal construction for health law reform. The study is expected to produce a model for a Special Court for the Medical Profession with appropriate authority and mechanisms to integrate legal and medical expertise, strengthen legal certainty, and provide balanced protection for patients and medical personnel. Its establishment is expected to support health law reform based on justice, legal certainty, utility, and protection of the rights of the parties..