Medical Negligence Dispute Settlement in Indonesia

Abstract

The doctor-patient relationship has a specificity that distinguishes it from the business actor relationship.
Malpractice is a very general term. Medical malpractice, medical negligence, and medical risk are not
regulated in Indonesia and requires medical knowledge to understand them. This is where the difficulty of
proving negligence and medical risk in solving medical negligence disputes. Medical negligence disputes in
Indonesia are settled by litigation (criminal and civil) and non-litigation. Non-litigation medical negligence
dispute settlement is a breakthrough in resolving medical negligence disputes in Indonesia, namely mediation
and the Indonesian Honorary Medical Disciplinary Council or Majelis Kehormatan Disiplin Kedokteran
Indonesia (MKDKI). This study revealed that there are no clear rules regarding medical negligence, medical
risk, and medical dispute resolution to produce identical rules based on structure, substance, and culture.
The settlement of medical negligence disputes through mediation is an alternative in resolving medical
negligence disputes in Indonesia to allow for legal certainty and legal protection for doctors and patients.