Article Per Year (5 Year)
p-Index From 2020 - 2025
0.408
P-Index
This Author published in this journals
All Journal Hasanuddin Law Review
Muhammad Miraj Mirza, Isroni
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Resolving Medical Disputes: Lessons from U.S. Arbitration for Indonesia’s Legal Framework Fakih, Muhammad; Natamiharja, Rudi; Muhammad Miraj Mirza, Isroni; Pratama, Andre Arya; Oktarlina, Rasmi Zakiah
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5375

Abstract

Arbitration serves as a dispute resolution method that offers notable benefits, especially in cases related to medical issues. In contrast, other methods such as litigation are often seen as less effective, while mediation lacks executory power due to the absence of legal enforceability, making agreements vulnerable to cancellation. In Indonesia, arbitration has not yet been adopted for resolving medical disputes, as specific technical regulations are still needed to guide relevant institutions and establish effective mechanisms. This research highlights the importance of implementing arbitration in Indonesia’s medical dispute resolution framework, using a comparative analysis of practices in the United States. Employing normative legal research with qualitative data analysis and comparative examination of international legal practices, the findings reveal that arbitration offers a binding and final resolution, making it a highly effective approach for handling medical disputes. To facilitate its adoption in Indonesia, comprehensive technical regulations and a legal framework—similar to the United States’ Uniform Arbitration Act (UAA), which outlines arbitration requirements for individual states—are necessary.
Resolving Medical Disputes: Lessons from U.S. Arbitration for Indonesia’s Legal Framework Fakih, Muhammad; Natamiharja, Rudi; Muhammad Miraj Mirza, Isroni; Pratama, Andre Arya; Oktarlina, Rasmi Zakiah
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5375

Abstract

Arbitration serves as a dispute resolution method that offers notable benefits, especially in cases related to medical issues. In contrast, other methods such as litigation are often seen as less effective, while mediation lacks executory power due to the absence of legal enforceability, making agreements vulnerable to cancellation. In Indonesia, arbitration has not yet been adopted for resolving medical disputes, as specific technical regulations are still needed to guide relevant institutions and establish effective mechanisms. This research highlights the importance of implementing arbitration in Indonesia’s medical dispute resolution framework, using a comparative analysis of practices in the United States. Employing normative legal research with qualitative data analysis and comparative examination of international legal practices, the findings reveal that arbitration offers a binding and final resolution, making it a highly effective approach for handling medical disputes. To facilitate its adoption in Indonesia, comprehensive technical regulations and a legal framework—similar to the United States’ Uniform Arbitration Act (UAA), which outlines arbitration requirements for individual states—are necessary.
Co-Authors Muhammad Fakih Natamiharja, Rudi Pratama, Andre Arya Rasmi Zakiah Oktarlina