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All Journal INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS)
Hotmaria Hertawaty Sijabat
Doctoral Postgraduate Program Faculty of Law Universitas 17 Agustus 1945 Jakarta
Religion Humanities Social Sciences

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PROCEDURAL CHALLENGES IN CIVIL LAWSUITS RELATED TO MEDICAL MALPRACTICE: THE ROLE OF RECOMMENDATIONS FROM THE PROFESSIONAL HONOUR COUNCIL IN INDONESIA Gunawan Widjaja; Hotmaria Hertawaty Sijabat
International Journal Of Humanities, Social Sciences And Business (INJOSS) Vol. 4 No. 3 (2025): SEPTEMBER
Publisher : ADISAM Publisher

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Abstract

Medical malpractice cases in Indonesia have increased in line with growing public awareness of the right to adequate health services. Civil lawsuits are often filed on the basis of unlawful acts, but the process faces various procedural challenges, particularly in terms of evidence, access to medical records, and the application of medical professional standards. Judges often find it difficult to interpret dynamic medical standards within the rigid framework of civil procedural law. To that end, the Professional Ethics Council (MKP) serves as an institution that provides recommendations regarding alleged violations of professional standards. MKP recommendations play an important role in helping judges understand technical medical aspects, although their status is still debated as to whether they are merely additional considerations or have binding force. This study uses a library research method with a normative juridical approach to legislation, court decisions, and related scientific literature. The results show that procedural challenges in civil medical malpractice lawsuits are not only related to technical aspects of evidence but also to the legal uncertainty of the MKP's recommendations. Therefore, regulatory clarification is needed to establish MKP recommendations as expert evidence that can be tested in court, thereby providing balanced legal certainty for patients and medical personnel.
LEGAL PATHWAYS AND OBSTACLES IN SEEKING COMPENSATION FOR MEDICAL MALPRACTICE: A LITERATURE REVIEW OF THE STAGES OF DISPUTE RESOLUTION IN INDONESIAN CIVIL LAW Gunawan Widjaja; Hotmaria Hertawaty Sijabat
International Journal Of Humanities, Social Sciences And Business (INJOSS) Vol. 4 No. 3 (2025): SEPTEMBER
Publisher : ADISAM Publisher

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This study discusses the legal channels and obstacles in claiming compensation for medical malpractice in Indonesia through a literature review of the stages of dispute resolution in civil law. The focus of the study is on legal mechanisms, including mediation, filing lawsuits, trials, and the execution of compensation decisions, as well as the various obstacles faced by victims in the process of enforcing their rights. Using a literature review method, this study analyses legal literature, court decisions, regulations, and related documents to provide a comprehensive overview of the procedures and obstacles that arise, whether procedural, substantive, systemic, or cultural. The results of the study show that although formal legal channels are available, complex obstacles often hinder victims of malpractice from accessing justice. Therefore, improvements to the legal system, increased understanding of patient rights, and the development of alternative dispute resolution mechanisms are needed to create effective and fair legal protection.
LEGAL PROTECTION FOR MEDICAL PERSONNEL IN INDONESIA: ANALYSIS OF THE 2023 HEALTH LAW AND ITS IMPLEMENTATION IN PROTECTING HEALTH WORKERS PRACTISING IN ACCORDANCE WITH PROFESSIONAL STANDARDS Gunawan Widjaja; Hotmaria Hertawaty Sijabat
International Journal Of Humanities, Social Sciences And Business (INJOSS) Vol. 4 No. 3 (2025): SEPTEMBER
Publisher : ADISAM Publisher

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Abstract

Legal protection for medical personnel is a crucial issue in the Indonesian health system, especially since medical personnel are often vulnerable to lawsuits even though they have practised in accordance with professional standards. This study aims to analyse the forms of legal protection for medical personnel as stipulated in Law No. 17 of 2023 on Health and to examine its implementation in health service practice. The research method used is normative juridical with a legislative and conceptual approach, supported by relevant primary and secondary legal materials. The results show that the 2023 Health Law has normatively strengthened protection for medical personnel by emphasising that any medical personnel who act in accordance with professional standards, service standards, and professional codes of ethics cannot be automatically prosecuted. However, the implementation of legal protection in the field still faces serious challenges, including limited derivative regulations, low legal literacy among medical personnel, inconsistent understanding among law enforcement officials, and a lack of advocacy from professional organisations. These conditions result in the legal protection promised by the law often not being felt in practice by medical personnel in the field. Thus, this study concludes that legal protection for medical personnel is strong in terms of norms but weak in terms of implementation. To ensure its effectiveness, concrete steps are needed in the form of drafting more operational derivative regulations, increasing the legal literacy of medical personnel, strengthening the role of professional organisations, and training law enforcement officials on health law. These efforts are expected to create a more fair, balanced, and effective legal protection mechanism, enabling medical personnel to perform their professional duties safely and ensuring the public continues to receive quality healthcare services.
ENSURING PATIENT RIGHTS AND SAFETY: LEGAL PROTECTION IN THE 2023 HEALTH LAW FOR SAFE AND QUALITY MEDICAL SERVICES Gunawan Widjaja; Hotmaria Hertawaty Sijabat
International Journal Of Humanities, Social Sciences And Business (INJOSS) Vol. 4 No. 3 (2025): SEPTEMBER
Publisher : ADISAM Publisher

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Abstract

Safe and quality healthcare is a human right that must be guaranteed by the state. Law No. 17 of 2023 on Health serves as a regulation that strengthens the guarantee of patients' rights and safety in the healthcare system in Indonesia. This study aims to analyse the legal protection of patients' rights and safety guarantees as regulated in the 2023 Health Law. Using a normative juridical research method through a legislative and conceptual approach, this study found that patients' rights are protected more comprehensively, including the right to medical information, consent to medical treatment, confidentiality of medical records, emergency services, safe medicines, and dispute resolution mechanisms. On the other hand, the concept of patient safety is strengthened through the obligation of health facility accreditation, the application of quality standards, incident reporting systems, drug and health technology supervision, and the obligation of health worker competence. The legal protection provided by the 2023 Health Law is both preventive and repressive, while placing patient safety as the main indicator of quality medical services. Thus, this law serves as a strategic legal foundation for building a national health system that is more equitable, safe, and oriented towards human dignity.
Co-Authors Gunawan Widjaja