PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION
Medical malpractice refers to treatment by doctors or healthcare professionals that deviates from established standards or violates legal and ethical norms. However, Article 310 of Law Number 17 of 2023 on Health lacks clarity, as it does not explicitly define mediation as an alternative dispute res...
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| Format: | Article |
| Language: | English |
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Universitas Lampung
2025-03-01
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| Series: | Cepalo |
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| Online Access: | https://jurnal.fh.unila.ac.id/index.php/cepalo/article/view/3943 |
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| author | Junaidi Junaidi |
| author_facet | Junaidi Junaidi |
| author_sort | Junaidi Junaidi |
| collection | DOAJ |
| description | Medical malpractice refers to treatment by doctors or healthcare professionals that deviates from established standards or violates legal and ethical norms. However, Article 310 of Law Number 17 of 2023 on Health lacks clarity, as it does not explicitly define mediation as an alternative dispute resolution mechanism or address the resolution of criminal offences arising from medical malpractice. This research aims to propose penal mediation through the tepung tawar tradition as a means to achieve justice and introduce innovative reforms in criminal law. Using a normative juridical approach, which relies on library research and secondary legal sources, this research explores the tepung tawar tradition as a model for resolving medical malpractice cases through penal mediation, enabling amicable settlements that eliminate both civil and criminal liability. Therefore, harmonizing customary law with formal legal frameworks is essential to ensuring broader and more equitable justice in addressing medical malpractice in Indonesia. |
| format | Article |
| id | doaj-art-e64b28339bb74f6e8f61fcadf9dcedea |
| institution | OA Journals |
| issn | 2723-2581 2598-3105 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Universitas Lampung |
| record_format | Article |
| series | Cepalo |
| spelling | doaj-art-e64b28339bb74f6e8f61fcadf9dcedea2025-08-20T01:50:07ZengUniversitas LampungCepalo2723-25812598-31052025-03-019111210.25041/cepalo.v9no1.39432673PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTIONJunaidi Junaidi0Universitas Sjakhyakirti Medical malpractice refers to treatment by doctors or healthcare professionals that deviates from established standards or violates legal and ethical norms. However, Article 310 of Law Number 17 of 2023 on Health lacks clarity, as it does not explicitly define mediation as an alternative dispute resolution mechanism or address the resolution of criminal offences arising from medical malpractice. This research aims to propose penal mediation through the tepung tawar tradition as a means to achieve justice and introduce innovative reforms in criminal law. Using a normative juridical approach, which relies on library research and secondary legal sources, this research explores the tepung tawar tradition as a model for resolving medical malpractice cases through penal mediation, enabling amicable settlements that eliminate both civil and criminal liability. Therefore, harmonizing customary law with formal legal frameworks is essential to ensuring broader and more equitable justice in addressing medical malpractice in Indonesia.https://jurnal.fh.unila.ac.id/index.php/cepalo/article/view/3943medical malpracticepenal mediationtepung tawar tradition |
| spellingShingle | Junaidi Junaidi PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION Cepalo medical malpractice penal mediation tepung tawar tradition |
| title | PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION |
| title_full | PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION |
| title_fullStr | PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION |
| title_full_unstemmed | PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION |
| title_short | PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION |
| title_sort | penal mediation through the customary tepung tawar tradition in medical malpractice resolution |
| topic | medical malpractice penal mediation tepung tawar tradition |
| url | https://jurnal.fh.unila.ac.id/index.php/cepalo/article/view/3943 |
| work_keys_str_mv | AT junaidijunaidi penalmediationthroughthecustomarytepungtawartraditioninmedicalmalpracticeresolution |