Analisis Hukum Penyelesaian Sengketa Antara Pasien dan Bidan Menurut Peraturan Perundang - undangan yang Berlaku (Studi Kasus di Kabupaten Deli Serdang)

Abstract

Settlement of disputes in the health sector, particularly the dispute between midwives to patients according to Law No. 36 of 2014 on Health Workers, should be resolved outside the court. Settlement out of court is a model of alternative dispute resolution (ADR) that relies on mediation, conciliation and negotiation. Law No. 8 of 1999 on Consumer Protection formed a Consumer Dispute Settlement Board (BPSK) and authorizes BPSK to resolve any disputes between businessmen and consumers out of court with less how mediation, conciliation and negotiation with the proviso, that the settlement outside the court is not eliminating the criminal element, if during the process of mediation or negotiation found any criminal act. BPSK dispute resolution provides an understanding that health workers, including providers of healthcare facilities by law as entrepreneurs and as consumers of health services (the subject of civil law). While health care services as an object of civil law. This study is a normative legal research is descriptive. To analyze the legal provisions of dispute resolution in the field of health, the approach used law (statute approach) by way of sync with the laws of health workers with consumer protection laws as well as the approach of the case (case approach). Both of these approaches are based on theories of Gustav Radbruch legal certainty, to give you an idea that the dispute out of court is a model of dispute resolution which could provide a sense of justice and legal certainty for the parties to the dispute