Kedudukan Majelis Kehormatan Disiplin Kedokteran Indonesia dalam Penyelesaian Sengketa Medis antara Dokter dan Pasien

Abstract

This article aims to analyze the position of the Indonesian Medical Discipline Honorary Council in the Settlement of Disputes between Doctors and Patients. Medical disputes due to alleged violations of medical discipline should be resolved through the Indonesian Medical Discipline Honorary Council, however currently there are still medical disputes that are reported to the court without going through the Indonesian Medical Doctors Honorary Council. This study uses a normative juridical research method with a statute approach and a conceptual approach. The results of this study are based on Article 66 paragraph (1) and paragraph (3) of Law Number 29 of 2004 concerning Medical Practices, there is still legal uncertainty regarding the resolution of medical disputes between doctors and patients, because the word "can" contained in paragraph (1) can mean that the complaint against the Indonesian Medical Discipline Honorary Council may or may not be made. Whereas in paragraph (3) it is stated that it is possible to resolve medical disputes through the courts, which can cause medical dispute resolution to be carried out through the courts.