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Fikri , Ahmad Ma’mun
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Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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The Supremacy of Patient Safety: Juridical and Empirical Analysis of Emergency Medical Care Sari, Novia Eka; Fikri , Ahmad Ma’mun
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.860

Abstract

The principle of Aegroti Salus Lex Suprema (Patient Safety is the Supreme Law) forms the ethical and legal core of healthcare, strictly prohibiting the refusal of patients in emergency conditions, as codified in the Indonesian Health Law, Law Number 17 of 2023. However, documented cases show a persistent gap between this legal mandate and clinical reality, often due to administrative priorities. This study aims to explicitly examine the legal foundation of the Aegroti Salus Lex Suprema principle and to analyze its concrete implementation. This study employs a sociological-juridical approach with a case study methodology to analyze the legal basis and the concrete implementation of this principle in emergency practice. Primary data, collected via interviews and observation, supplemented by secondary legal materials, were analyzed qualitatively. Findings indicate that this Islamic hospital institutionalizes Aegroti Salus Lex Suprema through rigorous internal regulations, including staff credentialing, establishing a maximum 5-minute response time, implementing triage protocols, and creating detailed resuscitation guidelines. The study concludes that this Islamic hospital successfully fulfills its social and legal duty by embedding patient safety as the highest institutional priority, providing a strategic model for minimizing malpractice risks and enhancing life-saving accountability across Indonesian healthcare facilities.
Enhancing Patient Safety through Legal Reform: A Comparative Review of Healthcare Best Practices and Legal Frameworks Hutagaol, Roy Richardo; Fikri , Ahmad Ma’mun
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.863

Abstract

Patient safety has become a global health priority, closely linked to the quality of medical services and the legal framework governing healthcare systems. This study aims to juridically and comparatively examine the regulatory frameworks of patient safety across various jurisdictions and analyze the contrasting approaches between developed and developing countries. Using a qualitative method with a literature review approach, data were collected from scientific journals, international health organizations such as the World Health Organization, government regulations, and previous empirical studies. The findings indicate that developed nations have implemented more structured patient safety regulations, characterized by mandatory, privileged incident reporting systems and legal protection for healthcare professionals (whistleblowers). In stark contrast, developing countries, including Indonesia, face persistent challenges related to limited resources, weak legal enforcement, and a prevalent blame culture that hinders open reporting. The comparative analysis highlights the critical need for legal reform in Indonesia to strengthen patient safety regulations, particularly through the revision of the hospital law, the integration of telemedicine into the legal framework, and the establishment of a transparent, protected reporting system. Ultimately, strengthening legal frameworks is essential to ensure that patient safety becomes a fundamental, enforceable, and systemic element of health systems worldwide.
Restorative Justice in Medical Disputes: Analyzing Responsiveness and Legal Neutrality Deficit from the Perspective of Healthcare Professionals Johan, Willy; Fikri , Ahmad Ma’mun
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.865

Abstract

The application of restorative justice in medical disputes in Indonesia faces significant structural obstacles. This study examines how healthcare professionals experience and perceive restorative justice, analyzes its vulnerabilities through the frameworks of responsive law and critical legal studies, and proposes a neutral, proportional model of dispute resolution, particularly through specialized medical adjudication, to address regulatory gaps that enable extortion risks and legal injustice. Using a phenomenological empirical-qualitative approach combined with statutory and critical legal analysis, the research evaluates the practical implementation of the Health Law (Law Number 17 of 2023). The findings show that restorative justice helps reduce adversarial litigation and protects the professional reputation of healthcare providers, who overwhelmingly prefer mediation to court proceedings. However, the lack of clear procedural limits and standardized restitution guidelines leaves practitioners vulnerable to misuse and disproportionate claims, causing the mechanism, intended to promote responsiveness, to drift toward repressive outcomes. This shift intensifies socio-economic inequalities and media-driven pressures, undermining legal neutrality and substantive justice. The study recommends the establishment of precise regulatory standards, independent oversight, and specialized medical adjudication mechanisms to ensure that restorative justice operates fairly, effectively, and in accordance with objective medical and legal principles.
Co-Authors Hutagaol, Roy Richardo Johan, Willy Sari, Novia Eka