Toward Equitable Healthcare: A Medical Dispute Resolution Framework to Address Medical Supply Delays in Health Law

Abstract

Law No. 17 of 2023 in Indonesia establishes a new framework for medical dispute resolution, emphasizing non-litigation methods, such as mediation and arbitration, through the Indonesian Medical and Health Mediation-Arbitration Institution (LMA-MKI). It requires recommendations from the Indonesian Medical Discipline Honor Council (MKDKI) before litigation, ensuring professional accountability while shielding medical personnel from unfounded claims. This study examines the law’s adherence to restorative justice principles, emphasizing restoration, reconciliation, and participatory resolution. Challenges include limited mediator competence, insufficient psychological support, and low stakeholder awareness of disputing procedures. Recommendations include extensive mediator training, inclusion of counselors, and enhanced public education. Regular monitoring and evaluation of the LMA-MKI and MKDKI are essential for upholding justice standards. Effective implementation can improve fairness and efficiency in resolving medical disputes, which is particularly relevant to Indonesia’s Badan Penyelenggara Jaminan Sosial Kesehatan (Social Health Insurance Administration Body), where systemic issues in medical supply delays such as delayed reimbursements and drug procurement delays often cause disputes. This study offers a framework for resolving medical disputes in Indonesia, emphasizing restorative justice in tackling issues such as delayed reimbursements and medication supply problems in BPJS Kesehatan. It highlights non-litigation methods such as mediation and arbitration through the Indonesian Medical and Health Mediation-Arbitration Institution for efficient conflict resolution. These methods focus on restoring relationships and cost-effective solutions rather than on prolonged court cases. Key findings stress the need for enhanced mediator competence, psychological support for dispute resolution, and increased public awareness of patients’ rights and non-litigation options. Practical measures include specialized mediator training, stakeholder collaborative forums, and technology use for transparent operations. These approaches can help healthcare providers address systemic inefficiencies, reduce drug shortage disputes, and improve patient satisfaction. For practitioners, this framework provides strategies to ensure equitable healthcare access and trust. Policymakers can use these insights to refine legal frameworks and align medical dispute resolution with justice, efficiency, and sustainable health system goals.