The Use of Mediation as an Alternative Health Dispute Resolution

Abstract

In the conditions of the Covid-19 pandemic, the Indonesian government is increasingly serious about dealing with health issues. This situation can be seen with the increasing number of government legal products in the form of laws and government regulations governing the health sector. However, the government's legal products are still not adequate. Among others, there is no special regulation on resolving health disputes between doctors as health care providers and patients as health care recipients (receivers). This paper aims to examine the provisions of Indonesian positive law that regulates the settlement of health disputes outside the court or known as alternative dispute resolution (ADR), although there is an honorary council of Indonesian medical discipline (MKDKI) in resolving health disputes that are not mediation institutions but as a form of supervision. Health disputes are different from other civil disputes. This is because health service disputes affect individuals as legal subjects, professions, and institutions. The character of the profession and institution will be greatly harmed if the health dispute resolution process is done openly through the litigation process. The open nature will provide opportunities for the character assassination of the profession. Mediation is a non-litigation approach in dispute resolution recognized by positive law in Indonesia. Deliberation to reach a consensus with the help of mediators can be taken through the approach of kinship, humanitarian principles, justice, and in order to maintain good relations to end existing disputes. The final settlement of disputes through mediation can be a memorandum of peace or a final and binding deed of peace. Based on the deed of peace, the judiciary can execute if there is a violation of the agreement's content. Based on the study results, it was concluded that alternative dispute resolution (ADR) with a health mediation mechanism is the right approach to resolving existing health disputes because it is beneficial for the parties, and the final form of resolution is recognized by positive law in Indonesia. Health mediation as a complement to the litigation process will greatly help the judiciary resolve existing disputes so that there is no accumulation of cases in the judiciary. In mediating this health dispute, if it has been agreed to be done by the mediator to strengthen peace, both parties are advised to file a lawsuit in court. When mediating in court, they make a mediation agreement in accordance with the previous mediation and register with the court to have binding legal force.

Keywords: mediation, resolution, health.