Medical Dispute Resolution Models in Indonesia: A Comparison with Australia and Singapore

Abstract

Medical dispute resolution in Indonesia remains a significant challenge, particularly regarding the effectiveness of legal mechanisms for both patients and medical professionals. In practice, medical disputes in Indonesia often involve lengthy and complex litigation, as alternative dispute resolution (ADR) has not been fully optimized. This study compares Indonesia’s system with those of Australia and Singapore to identify strengths, weaknesses, and potential improvements for Indonesia's legal framework. It employs a normative juridical method and comparative legal analysis, drawing data from legislation and legal literature on medical dispute resolution. The study examines regulations, dispute resolution mechanisms, and legal protections for patients and medical professionals in the three countries. The findings indicate that Australia and Singapore rely more on mediation and reconciliation, which provide faster and more effective resolutions. Meanwhile, Indonesia still depends on litigation, which is often slow and inefficient. To improve medical dispute resolution in Indonesia, strengthening ADR mechanisms by adopting best practices from Australia and Singapore is essential. This would help establish a fairer, more efficient system that better protects both patients and medical professionals.