Medical Dispute Resolution Under The Perspective Of Law Number 17 Of 2023 On Health

Abstract

Health is a right guaranteed by law in Indonesia and is recognized as one of the nation's fundamental goals as stipulated in the Preamble to the 1945 Constitution of the Republic of Indonesia. However, the provision of healthcare services may give rise to disputes due to differences in perception between patients and medical personnel regarding diagnoses, medical procedures, or treatment outcomes. Therefore, a clear legal framework is essential to provide effective, efficient, and fair dispute resolution. The enactment of **Law Number 17 of 2023 on Health** is expected to bring significant reforms to healthcare regulation in Indonesia, particularly by introducing a more effective, efficient, and equitable mechanism for resolving medical disputes. Nevertheless, a comprehensive review of its implementation and impact is necessary to provide a better understanding for all stakeholders and to contribute to improving the quality of healthcare services in Indonesia. This study analyzes medical dispute resolution from the perspective of Law Number 17 of 2023 on Health by examining how the law influences the resolution process between patients and healthcare professionals, as well as the legal mechanisms it provides for resolving medical disputes. This research employs a normative legal (juridical-normative) method using a statutory approach and adopts a descriptive-analytical design. The findings indicate that medical disputes may be resolved through both litigation and non-litigation mechanisms from civil, criminal, and administrative legal perspectives, with restorative justice prioritized as the preferred approach for resolving disputes.