Mediation in Medical Disputes : Harmonizing Patient Protection and Legal Certainty for Healthcare Professionals

Abstract

The increasing awareness of patient’s rights and access to legal remedies has significantly contributed to the escalation of medical disputes in Indonesia. Conventional ligitation mechanisms are often criticized for being time-consuming, costly, and adversarial, thereby risking the deterioration of the therapeutic relationship between patients and healthcare proffesionals. In response to these challenges, mediation has emerged as a humane, restorative, and efficient alternative dispute resolution mechanism. This paper examines the role of mediation in resolving medical disputes within  the Indonesian legal framework, particularly following the enachtment of Health Law No.17 of 2023. It analyzes how mediation functions to balance patient protection and legal certainty for healthcare proffesionals by emphasizing dialogue, accountability, and proportional justice. Using a normative juridical approach, this study explores statutory regulations, ethical priciples, and comparative perspectives in healthcare dispute resolution. The findings demonstrate that mediation not only facilitates fair and efficient dispute settlement but also strengthens patient trust, enhances safety culture, reduces defensive medicine, and contributes to sustainable helath governance. Therefore, mediation should be institutionalized as a primary mechanisms for resolving medical disputes in Indonesia.