Resolution of Medical Disputes Arising from Medical Malpractice Based on Restorative Justice

Rifqi Riza Razzani (Universitas 17 Agustus 1945 Surabaya)
Yovita Arie Mangesti (Universitas 17 Agustus 1945 Surabaya)

Activa Yuris: Jurnal Hukum
Vol. 6 No. 2 (2026)

The purpose of this study is to examine how medical disputes arising from medical negligence are resolved based on restorative justice. The research method used in this study is normative legal research, which focuses on addressing existing legal problems or issues. This study employs several approaches, namely the statutory approach, the conceptual approach, and the case approach. The results of this study indicate that restorative justice can be implemented by convening a meeting of all stakeholders such as the hospital director, the chair of the Indonesian Medical Association (IDI), the patient’s family, the physician involved, community leaders, law enforcement officials, witnesses, and others to sit together and deliberate in order to reach an agreement