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Analysis of Indonesian state policy in resolving medical disputes with a restorative justice approach Widjayanto, Indra
Cessie : Jurnal Ilmiah Hukum Vol. 4 No. 1 (2025): Cessie: Jurnal Ilmiah Hukum
Publisher : ARKA INSTITUTE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/cessie.v4i1.1489

Abstract

Medical disputes that are resolved through litigation often have negative impacts, such as the criminalization of medical personnel, waste of time and money, and the non-fulfillment of a sense of substantive justice for victims. In this context, the restorative justice approach has emerged as an alternative dispute resolution that is more humanist, oriented towards recovery and reconciliation. This study aims to analyze in depth the potential and urgency of applying the restorative justice approach in medical dispute resolution in Indonesia, as well as evaluate the legal, ethical and institutional obstacles faced. The method used is normative legal research with a conceptual approach and statute approach. The results of the study show that restorative justice can be a fairer, faster, and more efficient solution in resolving medical disputes if supported by appropriate regulations, professional mediation institutions, and active involvement of professional organizations and law enforcement officials. Therefore, policy reform is needed through the establishment of specific rules on RJ in medical disputes, the provision of mediator resources who understand medical ethics, and strengthening legal protection mechanisms for all parties. Thus, restorative justice in medical disputes is expected to be able to create a more humanist, responsive, and socially just health law system in Indonesia.
ANALYSIS OF GOVERNMENT POLICY IN HOSPITAL ACCREDITATION THROUGH HEALTH MINISTER REGULATION NUMBER 12 OF 2020 Widjayanto, Indra
Abdi Dosen : Jurnal Pengabdian Pada Masyarakat Vol. 8 No. 4 (2024): DESEMBER
Publisher : LPPM Univ. Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/abdidos.v8i4.2485

Abstract

The Minister of Health's Regulation Number 12 of 2020 concerning Hospital Accreditation aims to improve the quality of health services by establishing minimum standards that hospitals must meet. However, the implementation of this regulation is still considered suboptimal and has numerous shortcomings. This study aims to further analyze the advantages and disadvantages of the implementation of these regulations. This research employs the normative juridical research method. The normative juridical research method involves conducting library research, scrutinizing library materials or secondary data, and referencing the laws that govern hospital accreditation, particularly the Minister of Health Regulation Number 12 of 2020. The study's results suggest that the Regulation of the Minister of Health Number 12 of 2020 concerning Hospital Accreditation offers several advantages, including enhanced quality standards, information disclosure, an objective assessment process, improved hospital management quality, and a focus on patient safety. The shortcomings of the Minister of Health Regulation Number 12 of 2020 concerning hospital accreditation include administrative burdens, high implementation costs, resource gaps, the risk of focusing on processes, and regulatory changes. The proposed recommendations aim to address the shortcomings of the Minister of Health Regulation Number 12 of 2020 concerning hospital accreditation. These include reducing administrative burdens, overcoming high implementation costs, reducing resource gaps between hospitals, ensuring a focus on end results in services, and reducing uncertainty in regulatory changes.