Journal of Law, Environmental and Justice
Vol. 1 No. 3 (2023): Journal of Law, Environmental and Justice

Role and position of Indonesian Medical Disciplinary Honour Council: fair medical dispute resolution

Khalif Ardi, Muhammad (Unknown)
Laksito, FX Hastowo Broto (Unknown)
Laurent, Andriamalala (Unknown)



Article Info

Publish Date
29 Nov 2023

Abstract

The main aim of this study is to offer a detailed account of the role and status of the Medical Ethics Council of Indonesia (MKDKI) in promoting the fair resolution of medical disputes in Indonesia. This study is a form of normative legal research. The research findings suggest that MKDKI should be the designated authority for resolving medical disputes since it has the requisite expertise in applying professional discipline in the medical domain. Moreover, MKDKI is a reputable organization assessing whether a physician has breached professional disciplinary norms. The phrase "can" in Article 66 paragraph (1) of Law Number 29 of 2004 governing Medical Practice includes the option to file a complaint against MKDKI or choose not to do so. Legal ambiguity may arise, requiring substituting the term "can" with "must." Consequently, all grievances related to medical matters must be addressed exclusively through MKDKI as an obligatory measure. Conducting a judicial review of Article 66, paragraph (1) of Law Number 29 of 2004 regarding Medical Practice is essential. Furthermore, it is crucial to consider the jurisdiction of the Medical Council of Indonesia (MKDKI) in establishing compensation for parties involved in disputes. For the sake of legal precision for both medical professionals and the general population, every decision made by the MKDKI (Medical Knowledge and Decision-making Institute) must be thoroughly evaluated.

Copyrights © 2023






Journal Info

Abbrev

JLEJ

Publisher

Subject

Environmental Science Law, Crime, Criminology & Criminal Justice

Description

The Journal of Law, Environment and Justice is an open-access, double-blind, peer-reviewed legal journal published by Ius Et Ambientis in March, July and November three times a year. JLEJ is intended as a medium for the dissemination of research results focusing on environmental law issues, ...