An Analysis of the Implementation of Diversion in Efforts to Settle Medical Disputes in Indonesia

Abstract

Based on the legal construction contained in Article 29 of Law Number 36 the Year 2009 concerning Health,
it has ordered that health workers suspected of neglecting in carrying out their profession. There is a need
for a settlement preceded by the mediation stage or what is known as the settlement of disputes out of the
court. The facts in the field show that the handling of medical disputes, especially for doctors who commit
negligence, has not been fully implemented according to the provisions of Article 29 of the Health Law,
meaning that the handling is not carried out through the first mediation stage, as in the case experienced by
dr. Ayu et al. They had to be brought to court accused of committing medical malpractice because they failed
to save the patient during a cito-cesarean operation. Dr. Ayu et al. at that time did not fulfill their rights to get
mediation. This is because there has been no further regulation governing the procedures, procedures, and
rules for implementing mediation, especially health services. Due to this fact, it becomes an obstacle to the
consistency of mediation efforts as a necessity in solving medical disputes. Law No. 29 of 2004 concerning
Medical Practice and Regulation of the Medical Council Number 32 of 2015 concerning procedures for
handling suspected disciplinary violations of Doctors and Dentists do not regulate mediation efforts, so the
implementation of mediation efforts in health services is not optimal.