Concept of Doctor's Immunity Rights in the Settlement of Medical Disputes

Abstract

The legal relationship between doctors and patients is a common occurrence in the medical world, and hospitals are also a health service that aims for a shelter between the interaction between a patient and a medical worker for the achievement of the right to health care in the medical world. Health services are the rights and foundations of the people given by the government as the responsibility of the state. “Health development was very important in accordance with the 1945 Constitution of the Republic of Indonesia. Health as a human right is realized in various efforts, including through the implementation of medical practices where the role of doctors is very important. In its implementation, it sometimes causes problems that lead to medical disputes. The problem formulation in this study is: How to arrange the settlement of medical disputes between patients/families of patients and doctors based on applicable provisions and How is the process of resolving medical disputes that justice between patients/families of patients and doctors under law number 17 of 2023 on medical practice. The method used in this study is normative jurisdiction. Used to know and get a full picture by looking at the facts related to the problem so that it can prove the problem in order to get a scientific answer. The results of this study show that: Current medical dispute resolution arrangements are still widespread in various legislation resulting in overlapping medical dispute resolution arrangements that may eventually lead to uncertainty and uncertainty in their resolution.” In terms of fair medical dispute resolution between patients/families and doctors based on Law No. 17 of 2023 on medical practice, the medical professional is initiated by the Honorary Council of Medical Ethics (MKEK) or the Honorary Council of Indonesian Medical Discipline (MKDKI).