JUDGE: Jurnal Hukum
Vol. 7 No. 2 (2026): Judge : Jurnal Hukum

Study Of The IUS Constituendum On The Establishment Of The Special Court For The Medical Profession As An Effort To Reform The National Health Law In Indonesia

Muhammad Adib Al Wafa (Universitas Pembangunan Panca Budi)
Irsyam Risdawati (Universitas Pembangunan Panca Budi)
Marice Simarmata (Universitas Pembangunan Panca Budi)



Article Info

Publish Date
28 Sep 2026

Abstract

The complexity of medical disputes in Indonesia continues to increase along with developments in medical science, health technology, and the legal relationship between patients and medical personnel. Currently, medical disputes are resolved through various mechanisms, including ethical, professional disciplinary, civil, criminal, and alternative dispute resolution. Although Law Number 17 of 2023 concerning Health provides a new legal framework for health services and dispute resolution, it does not establish a special court specifically handling medical professional cases. This condition may lead to differences in assessing medical actions, professional standards, negligence, and the liability of medical personnel. This study aims to analyze the urgency of establishing a Special Court for the Medical Profession and formulate its *ius constituendum* within Indonesia's national health legal system. This normative legal research employs statutory, conceptual, historical, and comparative approaches. Legal materials are analyzed qualitatively to formulate a legal construction for health law reform. The study is expected to produce a model for a Special Court for the Medical Profession with appropriate authority and mechanisms to integrate legal and medical expertise, strengthen legal certainty, and provide balanced protection for patients and medical personnel. Its establishment is expected to support health law reform based on justice, legal certainty, utility, and protection of the rights of the parties..

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Journal Info

Abbrev

Judge

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Judge : Journal of Law on Cattleya Darmaya Fortuna is accepts related writings: Prinsip Dasar Yurisprudensi Hukum Pribadi Hukum Kriminal Hukum Acara hukum Ekonomi Dan Bisnis Hukum Tata Negara Hukum Administratif Hukum dan Masyarakat Ilmu Pemerintahan Judge : Journal of Law also accepts all writings ...