ARBITRATION AS AN ALTERNATIVE OF NON-LITIGATION SETTLEMENT IN MEDICAL DISPUTE CASE
Errawan Ramawitana Wiradisuria (a), Dwi Heri Susatya (b), Andjar Bhawono (c)
Universitas Borobudur
Jalan Raya Kalimalang No. 1, Jakarta Timur
Abstract
Medical disputes stem from the patients dissatisfaction with the actions of the doctor in carrying out his medical practice and extends to the hospital level which is then resolved through mediation. The purpose of the mediation is to find a win-win solution. However, there are weaknesses of the mediation, namely if the agreement reached from the mediation is not stated in the form of a deed, then the agreement in the mediation can be canceled and has no executive power, even though the agreement is final and binding. Therefore, there is a need for other dispute resolution efforts that not only have final and binding properties, but also have executive power. The dispute resolution efforts are through arbitration. This study is normative with secondary data as a data source. Data is examined by means of document studies. Data is analyzed qualitatively. The results of the analysis are presented descriptively. The results showed that arbitration as an alternative to non-litigation settlement in the case of a medical dispute provides many benefits for the parties, namely in arbitration, the parties may choose an arbitrator who is an expert in the disputed field, so the process is faster because it is decided by the truly expert in the field. Arbitration is also held in private only attended by the parties to the dispute, no one else is present. Therefore, arbitration as an alternative to non-litigation resolution in cases of medical disputes can be immediately applied in hospitals as an alternative in resolving medical cases, so cooperation between BANI and IDI is needed to draft special arbitration for medical disputes.
Keywords: Arbitration, Alternative Dispute Resolution, Medical Disputes
Topic: Private Law