Legal Aid For Victims of Medical Malpractice (A Dignified Justice Perspective)

Authors

  • Teguh Prasetyo
  • Tri Astuti Handayani

DOI:

https://doi.org/10.37506/mlu.v21i4.3158

Keywords:

Legal aid, victim, medical malpractice, Dignified Justice theory

Abstract

As a teaching of the Dignified Justice Philosophy, that the purpose of the law is to humanize human being,
Legal Aid for patients, especially patients who come from socially marginalized and the poor people who are
the victims of medical malpractice in the legal relationship of health services have become the legal norm
in the Pancasila Legal System. Using a normative legal research method this research has found that Legal
Aid is essentially the manifestation of the institution of justice. This legal institution is provided for the legal
relationship of the medical-legal service has been considered as a dignified legal protection model. Since, in
this legal institution the position of patients as consumers especially the poor and marginalized patients as
consumers of health services who happened to be the victims of medical malpractice are made equal with
doctors and nurses and hospitals in the health services. As the institution of the law, the dignified Legal Aid
makes it possible for patients especially patients from the poor and marginalized society could afford justice
and managed in helping those who did medical malpractice being held accountable before the law, including
before the criminal court after being held ethically accountable in the court of ethics.

Author Biographies

Teguh Prasetyo

Professor of Law at the Faculty of Law, Universitas Pelita Harapan, Karawaci- Indonesia

Tri Astuti Handayani

Professor of Law at the Faculty of Law, Universitas Pelita Harapan, Karawaci- Indonesia

Published

2021-08-27

How to Cite

Teguh Prasetyo, & Tri Astuti Handayani. (2021). Legal Aid For Victims of Medical Malpractice (A Dignified Justice Perspective). Medico Legal Update, 21(4), 363-368. https://doi.org/10.37506/mlu.v21i4.3158