Restorative Justice in Medical Case Resolution for Health and Medical Workers

Authors

  • M. Aris Munandar Hasanuddin University, South Sulawesi, Indonesia
  • Syamsuddin Muchtar Hasanuddin University, South Sulawesi, Indonesia
  • Rafika Nurul Hamdani Ramli Hasanuddin University, South Sulawesi, Indonesia

DOI:

https://doi.org/10.38035/jlph.v5i5.1913

Keywords:

Restorative Justice, Health Crimes, Health Workers, Medical Personnel

Abstract

This research discusses the application of restorative justice in the settlement of criminal cases in the health sector, especially those involving medical personnel and health workers. The background of this research is the increasing number of cases of alleged medical malpractice that have created a negative stigma against the medical profession. The purpose of this study is to analyze the restorative justice arrangements in Law Number 17 of 2023 concerning Health, as well as assess the urgency of more detailed technical arrangements. This research uses a normative legal research method with a statutory approach. The results show that although Article 306 of the Health Law has opened up space for case settlement through restorative justice, there are no clear indicators regarding the types of criminal offenses that can be resolved with this mechanism. In addition, Government Regulation No. 28 of 2024 has not yet regulated the technical implementation, and there is no clarity on the division of authority between professional organizations and law enforcement officials. The findings of this study emphasize the importance of drafting independent technical regulations so that restorative justice in medical cases can be implemented effectively, fairly, and provide legal protection for all parties involved.

References

Adami Chazawi. (2007). Medical Malpractice: A Review of Legal Norms and Doctrine. Malang: Bayumedis Publishing.

Andi Muhammad Sofyan & M. Aris Munandar. (2021). Legal Aspects of Health Services, Euthanasia, and Abortion (A Theoretical and Empirical Reflection). Jakarta: Kencana PrenadaMedia Group.

Aquino CMD Santos & Hudi Yusuf. (2024). Restorative justice mechanism, medical dispute resolution and juridical review according to the Health Law of 2023. Journal of Intellectual and Scholars of the Archipelago, 1(2), 2097.

Herculent. (2008). Legal Dimension in Health Services. In the Proceedings of the National Workshop on Medical Law and Ethics, Makassar, 26–27 January 2008. Makassar: Indonesian Doctors Association Makassar Branch.

H.J.J. Leenen. (1987). Samson Health Law. Alphen aan den Rijn/Brussels: Samson.

J. Guwandi. (Sick). Doctors and Laws. Jakarta: Monella.

Peter Mahmud Marzuki. (2010). Legal Research. Jakarta: Kencana Prenada Media Group.

Peter Mahmud Marzuki. (2017). Legal Research (Revised Edition). Jakarta: Kencana Prenadamedia Group.

Ruslan Renggong, Yusri Lisangan, & Baso Madiong. (2024). Criminal Liability of Perpetrators of Medical Malpractice at the Anutapura Palu Regional General Hospital. Indonesian Journal of Legality of Law, 6(2), 349–354.

S. Soetrisno. (2010). Medical Malpractice and Mediation as an Alternative to Dispute Resolution. Tangerang: PT Telaga Ilmu Indonesia.

Letter. (2025). Restorative justice as an effort to resolve medical disputes based on Law Number 17 of 2023 concerning Health. Journal of Law, Humanities and Politics, 5(3), 2558.

Law Number 17 of 2023 concerning Health

Government Regulation (PP) Number 28 of 2024 concerning Implementing Regulations of Law Number 17 of 2023 concerning Health

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Published

2025-06-23

How to Cite

Munandar, M. A., Muchtar, S., & Ramli, R. N. H. (2025). Restorative Justice in Medical Case Resolution for Health and Medical Workers. Journal of Law, Politic and Humanities, 5(5), 3385–3391. https://doi.org/10.38035/jlph.v5i5.1913

Issue

Vol. 5 No. 5 (2025): (JLPH) Journal of Law, Politic and Humanities

Section

Articles

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Copyright (c) 2025 M. Aris Munandar, Syamsuddin Muchtar, Rafika Nurul Hamdani Ramli

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