Perlindungan Hukum Pasien atas Malpraktik Medis Berdasarkan Hukum Positif Indonesia

Abstract

Legal protection for victims of medical malpractice is an important element in the health law system to ensure patient safety and the quality of health services. This article discusses the implementation of legal protection for victims of medical malpractice in Indonesia, with a focus on regulatory review, liability of medical personnel, and juridical implications for medical practice. Based on Law No. 29/2004 on Medical Practice and Law No. 36/2009 on Health, the rights and obligations of doctors and patients are explained, including the dispute resolution mechanism through the Indonesian Medical Discipline Honor Council (MKDKI). In addition, case analysis of Decision Number  85/PDT/2021/PT PAL shows that judges' reasoning in malpractice cases contributes to health policy reform, strengthening hospital supervision, and improving patient safety standards. This article highlights the importance of mediation in dispute resolution, sanctioning violations, and the urgency of applying the principle of layered liability. The study provides recommendations to strengthen the health legal system through improved regulation, education of medical personnel, and development of risk management in hospitals.

Keywords : Legal Protection, Medical Malpractice, Patient Rights, Indonesian Positive Law.