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All Journal International Journal Of Synergi In Law, Criminal And Justice
Ayuda Silitonga
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Humanities Law, Crime, Criminology & Criminal Justice

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INTEGRATION OF RESTORATIVE JUSTICE IN MEDICAL DISPUTE RESOLUTION AS A REFORM TO THE INDONESIAN CRIMINAL LAW SYSTEM Mhd Azhali Siregar; Rahul Ardian Fikri; Ayuda Silitonga
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.57

Abstract

Medical dispute resolution in Indonesia often presents a dilemma between the criminal law aspect and the need for a more humane approach. The integration of Restorative justice in handling medical disputes offers a new paradigm that prioritizes the restoration of relationships between the parties involved, rather than focusing only on punishment. This approach is in line with the principle of restorative justice that places victims, perpetrators, and communities in a collaborative and dialogue-based resolution process. This study aims to explore the concept of integrating Restorative justice into the Indonesian criminal law system as a step towards legal reform that is more relevant and contextual to the needs of modern society. With normative juridical methods and analytical approaches, the results of the study show that the application of Restorative justice in medical disputes can encourage the creation of more inclusive justice, reduce conflict levels, and increase public trust in the legal system. Therefore, regulatory reform that accommodates Restorative justice in resolving medical disputes is an urgent need to realize a criminal law system that is more adaptive and responsive to social dynamics.
PRINCIPLES OF LEGAL PROTECTION OF HEALTH SERVICES FROM THE PERSPECTIVE OF SOCIO-LEGAL STUDIES Mhd Azhali Siregar; Rahul Ardian Fikri; Ayuda Silitonga
International Journal of Synergy in Law, Criminal, and Justice Vol. 1 No. 2 (2024): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v1i2.58

Abstract

This study discusses the principle of legal protection in health services with a socio-legal approach. which integrates normative and sociological legal studies. The main focus of the study is on legal protection for patients and medical personnel in the context of health services in Indonesia. Optimal health services require legal certainty. especially related to the rights and obligations of all parties involved. In practice. many disputes arise due to negligence or certain medical actions. which shows a gap between normative rules and implementation in the field. The results of the study indicate that legal protection in health services does not only refer to statutory regulations such as the Health and Medical Law. but must also consider social aspects. culture. and ethics that apply in society. The socio-legal approach offers a comprehensive solution by integrating legal perspectives with social reality. so that it can create substantive justice for patients and medical personnel. From the analysis conducted. it was found that the application of a restorative justice-based approach can be an effective alternative in resolving medical disputes. in addition to formal litigation mechanisms. This is because this approach is more capable of fulfilling a sense of justice for victims. perpetrators. and the wider community. This study concludes that strengthening regulations and implementing legal principles in health services. by considering social aspects. is an important step to achieving a fair. effective. and sustainable health system
Co-Authors , Rahul Ardian Fikri MHD AZHALI Siregar