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p-Index From 2019 - 2024
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This Author published in this journals
All Journal Jambura Law Review
Liani Sari
Faculty of Law, Universitas Yapis Papua
Law, Crime, Criminology & Criminal Justice

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Human Rights Perspectives on Resolving Medical Malpractice Cases through Penal Mediation in Indonesia Suwito Suwito; Liani Sari; Pham Thanh NGA; Mellisa Towadi; Sardjana Orba Manullang
Jambura Law Review VOLUME 5 NO. 2 JULY 2023
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v5i2.19169

Abstract

This study aims to analyze human rights perspectives in resolving medical malpractice cases through penal mediation in Indonesia and the United States and find solutions to improve human rights protection in resolving such issues in Indonesia. The research was conducted by juridical normative research methods with a comparative approach, and the analysis was carried out by legal hermeneutics. The results showed that penal mediation in resolving medical malpractice cases needs to be improved in Indonesia to pay more attention to the human rights of victims and perpetrators, especially regarding equality and recognition of victims. In the United States, it is necessary to create consistent and detailed federal laws regarding penal mediation to resolve medical malpractice cases. The legal concept/regulation of human rights protection in resolving medical malpractice cases through penal mediation in Indonesia must ensure that the human rights of victims and perpetrators are protected and that the solutions found meet the needs of both parties fairly and humanely.
Co-Authors Mellisa Towadi Pham Thanh NGA Sardjana Orba Manullang Suwito Suwito