Implementation Of Restorative Justice In Resolution Of Medical Disputes Between Medical Personnel And Patients (Case Study At Bhayangkara Hospital Semarang)

Abstract

Law is all rules containing moral considerations aimed at human behavior in society which serve as guidelines for state authorities in carrying out their duties. Law is also defined as a collection of regulations (commands and prohibitions) that regulate the order of a society and therefore must be obeyed by that society.  Gustav Radbruch states that the purpose of law is to achieve justice, create benefits, and create certainty. Certainty is intended to protect the interests of each individual so that they know what actions are permitted and which actions are prohibited, thereby protecting them from government arbitrariness. The benefit of law means that law is created for the true benefit, namely the happiness of the majority of the people. Meanwhile, justice means that a law must be just; the image of law is nothing other than justice. As one of the legal provisions that apply in positive law in Indonesia today is the Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. In Article 1 number 1 of the Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice, restorative justice is the resolution of criminal cases by involving the perpetrator, victim, the perpetrator/victim's family, and other related parties to jointly seek a just solution by emphasizing restoration to the original state and not revenge.  While According to the Regulation of the Republic of Indonesia National Police Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice in Article 1 number 3, it is mandated that what is meant by restorative justice is the resolution of criminal acts by involving the perpetrator, victim, the perpetrator's family, the victim's family, community leaders, religious leaders, traditional leaders or stakeholders to jointly seek a just resolution through peace with an emphasis on restoring the original state. Meanwhile, in Article 1 number 21 of the Republic of Indonesia Law Number 20 of 2025 concerning the Criminal Procedure Code, what is meant by restorative justice is an approach in handling criminal cases carried out by involving the parties, namely the victim, the victim's family, the suspect, the suspect's family, the defendant, the defendant's family, and/or other related parties which aims to restore the original situation.