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All Journal JURNAL PENDIDIKAN TAMBUSAI Science Midwifery Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Maksigama : Jurnal Ilmiah Hukum Universitas Wisnuwardhana Malang Journal of Law, Poliitic and Humanities Jurnal Magister Hukum Perspektif Rechtsvinding
Kuntardjo, Carolina
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Religion Arts Humanities Dentistry Economics, Econometrics & Finance Health Professions Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Veterinary Other

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Journal : Science Midwifery

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Hybrid mediator panel: A legal pluralism framework for resolving medical disputes under the Indonesian health law Witri, Repelita; Widyastuti, Melita; Purwanto, Nanang Zuli; Putra, Marsudi Dedi; Kuntardjo, Carolina
Science Midwifery Vol 14 No 1 (2026): April: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v14i1.2319

Abstract

Background The transformation of medical-legal relationships from a paternalistic to a contractual model in Indonesia has triggered complex disputes that conventional, legalistic mechanisms often fail to resolve fairly. While Law No. 17 of 2023 mandates non-litigation resolution, the current mediation framework remains trapped in a state-centric paradigm that marginalizes professional ethics and social norms. Research Gap A critical research gap exists in the prevailing legal monism approach, which creates a "justice gap" by failing to synchronize the disciplinary reviews of Article 308 with criminal judicial processes, thereby leaving healthcare workers vulnerable to criminalization and patients without substantive restoration. Method This study employs a normative-prescriptive research method with a qualitative-synthetic conceptual development design to reconstruct the mediation function. Findings The findings introduce a "Hybrid Mediator Panel" and a "Multi-Layered Screening" mechanism as a functional reconfiguration of Article 310 of Law No. 17 of 2023. This model integrates state law, professional ethics (deontological), and living law (deliberation) into a single convergent system to ensure that settlement agreements are not only legally enforceable but also sociologically valid. Contribution This study provides a strategic blueprint for the Indonesian government to implement restorative justice in health law, ensuring legal certainty for medical professionals while simultaneously achieving holistic justice and therapeutic recovery for patients.
Resolving medical malpractice disputes through customary institutions: Between statutory law and local wisdom Afsari, Novi; Sari, Avy Permata; Adhimutiahara, Fatmasari Diahpermata Djajaputri; Wibawa, Ida Bagus Gede Adiguna; Kuntardjo, Carolina
Science Midwifery Vol 14 No 1 (2026): April: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v14i1.2340

Abstract

The transformation of medical dispute resolution in Indonesia reveals a critical paradox: while Law No. 17 of 2023 on Health mandates non-litigation mechanisms, the existing framework remains entrapped within a state-centric legal paradigm that systematically marginalizes customary institutions which have long served as accessible, socially legitimate, and restoratively-oriented dispute forums across diverse Indonesian communities. A fundamental research gap persists in the prevailing legal monism approach, which creates a normative vacuum by failing to recognize customary institutions operationally within health law, thereby forcing communities to choose between legally certain but inaccessible formal mechanisms and socially accepted but legally uncertain customary processes — a justice gap that disproportionately burdens economically vulnerable populations. This study employs a normative-prescriptive legal methodology integrating legislative, conceptual, and comparative approaches to reconstruct the positional framework of customary institutions within medical dispute resolution. The findings reveal that customary institutions hold strong constitutional legitimacy under Article 18B(2) of the 1945 Constitution yet operate within a normative vacuum in the medical domain, and introduce a Two-Tier Integrative Model positioning customary institutions as relational mediation forums at the first tier and MKDKI as technical verifier at the second tier, connected through a court homologation mechanism. This study provides a strategic normative blueprint recommending explicit revision of Law No. 17 of 2023 to accommodate customary institutions within the national medical dispute resolution system.
Legal liability of nurses in adverse events: A normative-empirical analysis of patient safety governance at RSUD dr. Soeroto Ngawi Widyastuti, Melita; Astuti, Sri Ayu; Ropii, Imam; Putra, Marsudi Dedi; Kuntardjo, Carolina
Science Midwifery Vol 14 No 1 (2026): April: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v14i1.2341

Abstract

Adverse events pose a serious threat to patient safety in hospitals. Data from RSUD Dr. Soeroto Ngawi reveal fluctuations in medical incident cases over 2021–2024 (n=354), with procedural and medication errors dominating patient safety reports. A critical research gap persists regarding inconsistent SOP implementation and a blame culture that suppresses transparent incident reporting — gaps unaddressed through an integrated legal-empirical lens. This study aims to analyze forms of nursing negligence, construct a legal accountability framework, and identify barriers and resolution efforts at a regional public hospital. An empirical legal approach was employed, combining case-based and statutory analysis. Data were collected through in-depth interviews with eight key informants, observation, and document review, then analyzed using descriptive qualitative methods with legal triangulation. Results indicate that nursing negligence primarily occurs in patient identification and clinical communication during handover. Nurses' accountability is manifested through immediate clinical responses, IKP system reporting, and root-cause investigations under Law No. 17 of 2023 on Health. Accountability nonetheless remains hindered by psychological barriers and structural workload imbalances. The scientific contribution of this study is the Dual-Layer Accountability Model, which proportionately assigns legal liability between individual professional conduct and institutional systemic failures — a framework absent from prior Indonesian health law scholarship. It is recommended that hospital management adopt a non-punitive just culture, digitize incident reporting, and strengthen clinical risk management training to ensure legal certainty for nurses while advancing patient safety.
Co-Authors Adhimutiahara, Fatmasari Diahpermata Djajaputri Afsari, Novi Agus Pramono Avy Permata Sari, Avy Permata Dhiyawardhana, Fardhian Hasmita, Debby Kusuma, Ariska Cesar Divian Candra Lay, Jemi Purwanto, Nanang Zuli Putra, Marsudi Dedi Riyandini, Krisnandifa Marshafira ropii, imam Seputra, Hawreyvian Rianda Sri Ayu Astuti, Sri Ayu Srihardini, RA Supyanto, Heri Tirta, I Putu Hari Jaya Wibawa, Ida Bagus Gede Adiguna Widyastuti, Melita Witri, Repelita