UNAIR NEWS – As a part of Airlangga Law Fest, Faculty of Law (FH) Universitas Airlangga held another national seminar related to health sector. This time, the theme was “Medical Staff Professionalism Improvement in Healthcare Service and its Legal Protection”. It was held on Wednesday, October 5 in R. Boedi Soesetjo Hall, FH UNAIR.

In the occasion, the speakers were dr. Daeng Mohammad Faqih, M.H., Dr. Sabir Alwi, S.H., M.H., Dr. Astutik, S.H., M.H, and Prof. dr. Budi Sampurna, DFM., S.H., Sp.F(k). The seminar was attended by at least 55 participants from UNAIR students and general public.

The topic of discussion was the dynamics of healthcare from legal viewpoints such as legal protection for medical staff and the problems’ settlement mechanism if medical dispute happens. Healthcare legal aspects were also discussed from criminal, civil and administrative laws.

“Legal protection for medical staff is a right. As many doctors often sued by the patients,” said Astutik.

There are two kinds of settlements for medical dispute. First, through legal means, criminal law and mediated civil law. Second, non legal means such as discipline enforcement by Indonesian Medical Disciplinary Honorary Council (MKDKI) and OP ethical enforcement.

In civil law process, if there is a medical violation, Article 29 of Healthcare Act and Article 46 of Hospital Act can be used but it was deemed inappropriate by Sabir.

“Article 29 of Healthcare Act is inappropriate as if there is a mistake, it is considered as crime while in Crime, there is no mediation. If there is mediation, it means civil law is applied,” said Sabir.

The national seminar concluded that settlement mechanism if there is a medical violation has been regulated either legally or non-legally. To prevent legal and non legal process and to get legal protection, medical staffs have to work professionally and follow the standard procedures. (*)

Author : Pradita Desyanti
Editor : Binti Q. Masruroh