Analysis of Judicial Authority is Handling Medical Disputes

Abstract

Medical disputes have increasingly emerged within Indonesia’s healthcare system in line with the evolving legal relationship between healthcare professionals and patients. The absence of a specialized health court results in all cases involving alleged breach of contract, tort, or medical negligence remaining under the jurisdiction of the general courts. This condition presents significant challenges for judges, particularly because the assessment of medical actions requires technical expertise beyond the domain of law. On the other hand, the existence of the Indonesian Medical Disciplinary Board (Majelis Kehormatan Disiplin Kedokteran Indonesia/MKDKI), which holds the authority to determine violations of professional discipline, raises issues concerning the delineation of authority between administrative bodies and judicial institutions. Moreover, Law Number 17 of 2023 on Health reinforces the importance of mediation and restorative justice approaches, although their implementation continues to face practical obstacles.This article analyzes the authority of judges in adjudicating medical disputes by examining the absolute and relative competence of the general courts, the limitations of judicial authority in assessing medical professional standards, and the institutional relationship between judicial bodies and the MKDKI. This analysis aims to provide a more comprehensive understanding of the structural and normative challenges that shape the legal process in resolving medical disputes in Indonesia.