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All Journal Journal of Social Research Edunity: Kajian Ilmu Sosial dan Pendidikan Journal of Social Science
Ni Ketut Wiratny
Universitas Mahendradatta, Indonesia
Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences

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Settlement Of Medical Disputes Through Restorative Justice According To Law No. 17 Of 2023 Concerning Health Rudy Adiputra; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 8 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i8.2182

Abstract

Settlement of Medical Disputes through litigation and non-litigation, a special institution which functions as a legal institution whose function is to resolve disputes, the Ethics Committee of the Indonesian Medical Discipline Honorary Council (MKDKI) was formed, the Medical Ethics Honorary Council (MKEK) Dispute Settlement through the Consumer Dispute Resolution Agency (BPSK) ). The Health Law Settlement contains various new provisions in the health sector, including procedures for resolving disputes in the medical and health sectors, prioritizing restorative justice as stated in Article 310 of Law no. 17 of 2023 Obstacles in restorative care that can arise are a lack of commitment from the parties involved in resolving a dispute peacefully, the patient insisting on defending his report/lawsuit, the process outside the court is deemed unable to realize the sense of justice that the victim desires. There is no special institution that acts as a legal institution whose function is to resolve medical disputes. to carry out settlements outside the court process.
Legal Protection For Patients Due To Misdiagnosis In Online Health Service Platforms (Telemedicine) Based On Positive Law In Indonesia Ronald Suryaprawira; Erikson Sihotang; Ni Ketut Wiratny
Journal of Social Research Vol. 3 No. 7 (2024): Journal of Social Research
Publisher : International Journal Labs

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Abstract

Health regulations in guaranteeing legal protection for patients regarding misdiagnosis in online health service platforms based on positive law in Indonesia. Protection is contained in the provisions in Article 3 paragraph (2) and paragraph (4), as well as Article 7 of Medical Council Regulation Number 47 of 2020. Prohibitions For doctors who practice medicine via telemedicine, it is regulated in Article 9 of the Medical Council Regulation Number 47 of 2020, which is confirmed by Article 2 of the Minister of Health Regulation Number 20 of 2019. In addition, for Health Facilities providing and requesting consultations, they must register and submit it to the Minister of Health. through the Directorate General of Health Services. Resolving legal disputes between patients and online health service providers if a misdiagnosis occurs can submit a complaint to the Indonesian Medical Discipline Honorary Council in accordance with the provisions of Article 66 of the Medical Practice Law. Resolving legal disputes between patients and online health service providers can settlement through court or outside court.
Co-Authors A.A. Sagung Yuni Wulantrisna Ayus Fajar Asrofi Dwi Pranoto Erikson Sihotang I Gusti Agung Wisnu Murti I Made Mudasna I Made Mulyawan Subawa I Nyoman Suandika Indah Mira Tiaraputri Wijaya Juliyanti Tjua Komang Edy Dharma Saputra Nancy Gunawan Olivia Julita Olivia Pusparini Ronald Suryaprawira Rudy Adiputra