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All Journal INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS) Jurnal Salome (Multidisipliner Keilmuan)
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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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
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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.
PERAN SERTIFIKASI HAK MILIK TANAH DALAM MENDUKUNG INKLUSI KEUANGAN DAN PENINGKATAN KESEJAHTERAAN SOSIAL MELALUI AKSES PERMODALAN PADA LEMBAGA KEUANGAN FORMAL Gunawan Widjaja; Hotmaria Hertawaty Sijabat
Jurnal Salome : Multidisipliner Keilmuan Vol. 3 No. 4 (2025): SEPTEMBER
Publisher : CV. ADIBA AISHA AMIRA

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This study examines the role of land title certification in supporting financial inclusion and improving social welfare through access to capital in formal financial institutions. Using a literature review approach, this study examines literature and empirical studies that link legal certainty of land ownership with ease of access to capital for the community, especially vulnerable groups. The results of the study show that land certification provides legal certainty that encourages financial institutions to distribute credit more widely and safely, thereby expanding access to formal finance. This access to capital plays an important role in strengthening the economic capacity of the community, increasing business productivity, and promoting sustainable social welfare. However, to optimise the role of land certification, policy synergy, inclusive financial product innovation, and public education are needed to ensure that capital utilisation is effective and has a broad impact.
HARMONISASI REGULASI DALAM PENGEMBANGAN HUKUM EKONOMI NASIONAL: UPAYA MEWUJUDKAN KEPASTIAN HUKUM DAN PERTUMBUHAN EKONOMI INKLUSIF BERDASARKAN NILAI-NILAI PANCASILA DAN UUD 1945 Gunawan Widjaja; Hotmaria Hertawaty Sijabat
Jurnal Salome : Multidisipliner Keilmuan Vol. 3 No. 4 (2025): SEPTEMBER
Publisher : CV. ADIBA AISHA AMIRA

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This study examines the role of regulatory harmonisation in the development of national economic law as a strategic effort to create legal certainty and promote inclusive economic growth in Indonesia. Through a literature review, the study examines how regulatory harmonisation can overcome the disharmony and overlap of regulations that have been obstacles to the implementation of economic law. Harmonisation based on the values of Pancasila and the provisions of the 1945 Constitution is expected to create a consistent and fair legal system, which in turn supports equitable development and people's welfare. The findings of the study show that regulatory harmonisation is not only important to ensure legal certainty for economic actors and investors, but also an effective means of realising an inclusive and socially just economy in accordance with the fundamental values of the Indonesian nation. Policy recommendations are formulated based on a comprehensive analysis of the philosophical, constitutional and practical aspects of regulatory harmonisation in the context of national economic law.
PREDIKTABILITAS PENYELESAIAN SENGKETA EKONOMI MELALUI REFORMASI HUKUM: STUDI LITERATUR ATAS HARMONISASI DAN SINKRONISASI REGULASI DEMI MENDORONG IKLIM INVESTASI NASIONAL YANG SEJALAN DENGAN AMANAT KONSTITUSI INDONESIA Gunawan Widjaja; Hotmaria Hertawaty Sijabat
Jurnal Salome : Multidisipliner Keilmuan Vol. 3 No. 4 (2025): SEPTEMBER
Publisher : CV. ADIBA AISHA AMIRA

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This study examines the predictability of economic dispute resolution in Indonesia through the perspective of legal reform that focuses on harmonisation and synchronisation of regulations as instruments to support the national investment climate. Legal uncertainty has arisen from overlapping regulations, inconsistencies in implementation, and weak consistency in court and arbitration decisions. These conditions reduce investor confidence and lower the competitiveness of Indonesia's economic law in the global arena. Using a normative legal research approach and literature study, this research analyses the relationship between regulatory harmonisation, legal certainty, and the investment climate in accordance with the mandate of the constitution. The results of the study show that the ability of the Indonesian legal system to provide predictability is highly dependent on the consistency of norms, the professionalism of dispute resolution institutions, and the application of technology as an instrument of legal modernisation. Legal reforms that emphasise the synchronisation and harmonisation of regulations will not only increase legal certainty but also strengthen the legitimacy of investment in Indonesia within the framework of fair and sustainable economic development in accordance with constitutional principles.
PENGARUH SERTIFIKAT TANAH SEBAGAI AKSES AGUNAN KREDIT: IMPLIKASI BAGI KESEJAHTERAAN MASYARAKAT DAN PEMBERDAYAAN EKONOMI DI INDONESIA Gunawan Widjaja; Hotmaria Hertawaty Sijabat
Jurnal Salome : Multidisipliner Keilmuan Vol. 3 No. 4 (2025): SEPTEMBER
Publisher : CV. ADIBA AISHA AMIRA

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This study examines the impact of land certificates as collateral for credit access on community welfare and economic empowerment in Indonesia through a literature review approach. Land certificates serve as legal collateral that enables communities to obtain credit from formal financial institutions more easily, thereby opening up opportunities to improve income, education, health, and overall living standards. In addition, land certificates also play an important role in expanding financial inclusion and encouraging the development of micro, small, and medium enterprises as a form of sustainable economic empowerment. However, there are challenges and risks, such as the risk of asset loss due to default and low financial literacy, which must be overcome with policy support, education, and legal protection. The results of this study confirm that land certificates are a strategic instrument in efforts to promote inclusive and sustainable community welfare and economic empowerment in Indonesia.
ANALISIS YURIDIS PERLINDUNGAN HUKUM RUMAH SAKIT TERHADAP TANGGUNG JAWAB ATAS PENOLAKAN PENGOBATAN PASIEN BERDASARKAN PASAL 192 UU NO. 17 TAHUN 2023 Gunawan Widjaja; Hotmaria Hertawaty Sijabat
Jurnal Salome : Multidisipliner Keilmuan Vol. 3 No. 4 (2025): SEPTEMBER
Publisher : CV. ADIBA AISHA AMIRA

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This study aims to analyse, from a legal perspective, the legal protection afforded to hospitals regarding their responsibility to refuse treatment to patients based on Article 192 of Law No. 17 of 2023 on Health Services. Refusal of treatment by hospitals is often a source of complex legal conflicts, necessitating a clear legal framework to protect hospitals while guaranteeing patients' rights. The research method used is normative legal with a qualitative approach through a review of documents and related legal literature. The results of the analysis show that Article 192 provides a strong legal basis for hospitals to refuse treatment legally and procedurally, with measurable and limited responsibilities in accordance with the provisions of the law. The legal protection regulated by this provision is able to maintain the professionalism of hospitals while ensuring that patients' rights are not neglected. This research has important implications for the development of health law policies that are fair and oriented towards the protection of all parties.
KAJIAN NORMATIF PASAL 192 UU KESEHATAN NO. 17 TAHUN 2023 TENTANG PENOLAKAN PENGOBATAN PASIEN DAN IMPLIKASI TANGGUNG JAWAB HUKUM RUMAH SAKIT Gunawan Widjaja; Hotmaria Hertawaty Sijabat
Jurnal Salome : Multidisipliner Keilmuan Vol. 3 No. 4 (2025): SEPTEMBER
Publisher : CV. ADIBA AISHA AMIRA

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The refusal of patient treatment by hospitals is a crucial issue that has legal and ethical consequences in health services in Indonesia. This study aims to conduct a normative review of Article 192 of Health Law No. 17 of 2023, which regulates the refusal of patient treatment and identifies the implications of legal responsibility that must be borne by hospitals. A normative juridical method was used by analysing the relevant legal provisions, doctrines, and jurisprudence to understand the meaning, scope, and legal impact of the article. The results of the study show that Article 192 provides a clear legal basis for hospitals to refuse treatment based on valid reasons and transparent procedures. However, this provision also requires hospitals to be civilly, criminally, and administratively liable if the refusal is carried out improperly. This study recommends improving legal compliance and transparency in the implementation of refusal procedures to ensure the protection of patient rights and reduce the risk of legal disputes.
Co-Authors Gunawan Widjaja