THE ESTABLISHMENT OF MEDICAL COURTS IN RESOLVING MEDICAL DISPUTES
This research is motivated bythe condition that currently there are more and more cases of medical disputes being reported, especially direct reports to the police, all of that is because there is no standard regulation on medical disputes and settlement in court. So according to researchers, it is necessary to immediately form a medical court for the sake of legal certainty.This study aims to discussthe essence of the establishment of a medical court in resolving medical disputes, how to resolve medical disputes in positive law in Indonesia and the model of a medical court in resolving medical disputes that can provide legal certainty, justice and benefits. This research is a type of legal research.normative or doctrinal researchby usingLegislative, Case, Conceptual, and Comparative ApproachesWhichanalyzed in a normative prescriptive manner by systematically inventorying, classifying and identifying the legal materials that have been obtained.. The results of this study indicate thatPhilosophically, medical dispute resolution is an effort to restore the relationship between the disputing parties to its original state. By restoring the relationship, they can establish relationships, both social and legal relationships, with each other. The resolution of medical disputes is regulated through various laws, ranging from the Civil Code to the Health Omnibus Law, which aims to create a sense of security and legal certainty, especially in high-risk medical procedures.. The Medical Court which is within the scope of the general court, of course, with the composition of judges who will resolve disputes are judges who have competence in medical science and also legal science.. The suggestions that the author can give from this research are:expect the Government and the House of Representatives (DPR) to immediately draft a special law regulating the establishment of the Medical Court. This law must include a legal basis, institutional structure, working mechanism, and the appointment of competent judges and experts in the medical and legal fields.
Medical Court, Medical Dispute.