The Process of Medical Dispute Resolution in Civil Courts in Indonesia

Abstract

The legal relationship between doctors and patients is civil in nature and is based on a therapeutic agreement, under which both parties possess reciprocal rights and obligations. However, in practice, medical disputes frequently arise due to alleged negligence, misdiagnosis, or medical actions performed without the patient’s informed consent. This study aims to analyze the legal basis for the resolution of medical disputes under Indonesian civil law, to explain the stages of civil court proceedings, and to elaborate on the forms of legal liability borne by medical professionals. The research employs a normative legal research method using statutory and conceptual approaches. The findings indicate that medical disputes may be resolved through two primary mechanisms: non-litigation and litigation. Non-litigation resolution is conducted through the Medical Professional Disciplinary Board or the Indonesian Medical Disciplinary Honor Council, while litigation is pursued through civil courts based on claims of breach of contract or tortious acts. Strengthening mediation mechanisms and enhancing legal awareness among medical professionals are essential strategies to minimize the occurrence of medical disputes.