PERLINDUNGAN HUKUM TERHADAP DOKTER GIGI DALAM PENYELESAIAN SENGKETA MEDIS DI KOTA PEKANBARU

LEGAL PROTECTION FOR DENTISTS IN MEDICAL DISPUTE RESOLUTION IN PEKANBARU CITY

Agung Hadi Wijanarko¹, Maiyestati¹, Deaf Wahyuni Ramadhani¹
¹Master of Law Program, Faculty of Law, Universitas Bung Hatta Email: agung0529@yahoo.co.id

ABSTRACT

According to Article 273 paragraph (1) letter a of Law No. 17 of 2023, medical and health personnel are entitled to legal protection. Article 310 paragraph (1) requires that disputes be settled out of court, while Article 319 paragraph (1) regulates the mechanism through alternative dispute resolution, such as mediation. Medical disputes in dentistry in Pekanbaru, such as the cases of Mrs. D and Mrs. N, are generally resolved through PDGI mediation with a restorative approach in the form of compensation and an emphasis on education and informed consent. Research problems: (1) what is the procedure for resolving medical disputes against dentists sued for medical risks in Pekanbaru City? (2) what is the legal protection for dentists sued for medical risks in Pekanbaru City? This research uses a socio-legal research with primary data obtained through interviews and secondary data through document studies; data collection was carried out through document study and interviews; the collected data were analyzed qualitatively. Research results:
(1) the settlement of dental medical disputes in Pekanbaru is generally pursued non-litigiously through PDGI mediation with a restorative justice approach in the form of compensation and further treatment costs, thereby protecting dentists while fulfilling patients’ rights; (2) legal protection for dentists is realized through a Memorandum of Understanding between IDI-PDGI-Polda Riau, which guarantees professional assessment before litigation to ensure legal certainty, professional protection, and fair dispute resolution.
Keywords: legal protection, dentist, dispute, medical.