The Establishment Of The Special Court For The Medical Profession As An Instrument For The Legal Protection Of Patients And Medical Personnel In Indonesia

Abstract

Legal protection for patients and medical personnel is an important aspect in realizing health services that are fair, legally certain, and provide a sense of security for all parties. The relationship between patients and medical personnel has special characteristics because it is not only related to legal aspects, but also involves professional, ethical, discipline, and medical risk aspects. Patients have the right to receive safe, quality, and standard health services, while medical personnel have the right to receive legal protection as long as they carry out their profession in accordance with professional standards and the provisions of laws and regulations. However, the resolution of medical professional disputes in Indonesia still faces various problems, including the complexity of medical cases, differences in understanding of legal and medical aspects, and the use of various settlement mechanisms that are not yet fully integrated. Medical disputes can intersect with civil, criminal, administrative, ethical, and disciplinary aspects so that they have the potential to cause legal uncertainty and difficulties in determining the right settlement forum. This study aims to analyze the urgency of establishing a Special Court for the Medical Profession as an instrument of legal protection for patients and medical personnel in Indonesia and formulate the concept of an ideal special court. The research uses normative legal research methods with legislative, conceptual, case, and comparative approaches. Primary, secondary, and tertiary legal materials are analyzed qualitatively juridically to identify gaps and the need to update the dispute resolution mechanism of the medical profession. The results of the study show that the characteristics of medical disputes require a resolution mechanism that has special competence in understanding professional standards, service standards, medical actions, medical risks, medical records, informed consent, and proving the causal relationship between the actions of medical personnel and patient losses. The limitations of existing mechanisms indicate the need for a forum that is able to examine medical disputes in a more professional, objective, and comprehensive manner. The concept of the Special Court for the Medical Profession offered is directed as a special forum in the judicial system that has the competence to handle disputes and cases related to the implementation of the medical profession, supported by judges who have competence in health law and independent medical experts. The examination mechanism needs to consider professional standards, service standards, medical records, informed consent, expert opinions, and the ability to distinguish between medical risks, complications, and professional negligence. The special court is not only oriented towards the protection of medical personnel, but must also ensure access to justice, legal certainty, and restoration of patients' rights.