Karya Ilmiah

DISERTASI (210) - Mediasi Penal Sebagai Alternatif Penyelesaian Kasus Malpratik Medik Dalam Sistem Hukum Pidana

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This dissertation research raised the issue of the legal form of the
philosophical foundations of penal mediation as an alternative arrangement for
resolving cases of medical malpractice and penal mediation as an alternative
form of resolving cases of medical malpractice.
Forms of study in this dissertation is a normative legal research with the
statute approach, conceptual approach and comparative approach.
Philosophy penal mediation as an alternative to the settlement of a
medical malpractice case is essentially in conflict resolution between the
perpetrator and the victim in this case doctors and patients. This is very consistent
with the values of the culture of Indonesia, namely consensus, as has also been
reflected in the Pancasila state ideology. And settlement alternative is already
well developed in many countries. The penal settlement through mediation is more
oriented to those in conflict and those who finish it anyway. Form of settlement of
medical malpractice cases through mediation in accordance with the penal
terdapaat karaakter and culture of Indonesia is the victim Offender mediation in
accordance with the condition of Indonesia and reflects the values of Pancasila.
Penal mediation mechanism in the form of victim Offender mediation within the
meaning of principle 4th Pancasila, namely through deliberation to reach a
consensus. Objectives to be achieved in the form of mediation is justice for the
parties. This corresponds to the meaning of principle 5th Pancasila, namely
social justice for all Indonesian people.
There needs to be a separate Act on penal mediation as a legal umbrella to
support the practice of penal mediation in the settlement of medical malpractice
cases in Indonesia, especially in terms of determining kebijakaan formulations.
Penal mediation so that the concept can be implemented properly, it is necessary
to do some things, like preparing prospective mediators, broaden horizons and
prepare the organizational structure forces the means or infrastructure and
environment budget instanssi law enforcement.
Keywords: penal mediation, medical malpractice, criminal justice system

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Ketersediaan

031170132

210

Ruang Disertasi

Tersedia

Informasi Detail

Judul Seri

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No. Panggil

210

Penerbit

Surabaya : Fakultas Hukum Unair., 2016

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

NONE

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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