The role and position of the indonesian medical discipline honorary council in the fair resolution of medical disputes

Abstract

The primary objective of this study is to provide a comprehensive description of the role and position of the Medical Ethics
Council of Indonesia (MKDKI) in facilitating the equitable resolution of medical disputes within the Indonesian context. The
present study constitutes a normative legal research. The research findings indicate that the resolution of medical disputes should
be channelled through MKDKI, as it possesses the necessary expertise in the application of professional discipline within the
medical field. Furthermore, MKDKI is an authoritative institution responsible for determining whether a doctor has violated
professional disciplinary standards. The term "can" as stipulated in Article 66 paragraph (1) of Law Number 29 of 2004
regarding Medical Practise encompasses the possibility of either initiating a complaint against MKDKI or refraining from
doing so. Legal confusion may occur, thus necessitating the replacement of the word "can" with "must." This implies that
complaints regarding medical issues must be resolved through MKDKI as a mandatory step. It is imperative to conduct a
judicial review of Article 66, paragraph (1) of Law Number 29 of 2004 pertaining to Medical Practise. Additionally, it is
essential to deliberate on the authority of the Medical Council of Indonesia (MKDKI) in determining compensation for disputing
parties. In order to ensure legal clarity for both medical practitioners and the general public, it is imperative that every decision
made by the MKDKI (Medical Knowledge and Decision-making Institute) is carefully considered.
Keywords: Medical Disputes; MKDKI; Doctors