Indonesia may get special tribunal for doctors<\/p>\n
The Jakarta Post, Jakarta<\/p>\n
Indonesia is likely to establish another special tribunal, this
\ntime for doctors and health providers, if the medical practice
\nbill is passed into law as it stands.<\/p>\n
The proposal, however, has drawn criticism from legal expert
\nLuhut MP Pangaribuan, who said that this would only encourage
\nother professionals to demand special tribunals.<\/p>\n
"In principle, it is not wrong to set up a special medical
\ntribunal as long as it is subordinate to the public courts. But a
\nconsequence could be that other professions will also demand
\ntheir own tribunals," Luhut told The Jakarta Post.<\/p>\n
The country now has the public courts (district courts),
\nmilitary tribunals, religious (Islamic) courts and administrative
\ncourts.<\/p>\n
On top of that, the country has two special courts, both under
\nthe administrative jurisdiction of the Central Jakarta District
\nCourt. The are the commercial court and the ad hoc human rights
\ntribunal.<\/p>\n
Therefore, Luhut said, if doctors and other professionals
\ndemanded special tribunals, it would further complicate the
\ncountry's judicial system.<\/p>\n
Luhut, therefore, urged the House of Representatives (DPR) to
\ncancel the plan to deliberate the bill.<\/p>\n
"The House must be careful in meeting such a demand. There is
\nno need to provide special treatment for certain professions as
\nall professions are the same before the law," Luhut said.<\/p>\n
Ahmad Sanoesi Tambunan, a legislator with the House's public
\nwelfare committee and also a member of the Indonesian Doctors
\nAssociation (IDI), argued that Indonesia needed such a court to
\nsettle disputes fairly between physicians or health providers and
\npatients.<\/p>\n
Luhut, however, disagreed and said that ensuring equitable
\nresolutions to disputes did not mean a separate court was needed.
\nThe existing district courts should be able to properly handle
\nsuch disputes.<\/p>\n
Highlights of the medical practice bill<\/p>\n
Article 52(1): The medical practice tribunal is a special court
\nthat constitutes part of the public courts of justice.
\nSection 2: The medical practice tribunal is a place of recourse
\nfor members of the public to seek redress in disputes involving
\nmedical practitioners\/staff.<\/p>\n
Article 53: The adjudicative power to hear medical malpractice
\nsuits shall be vested in the:
\na. Medical practice tribunal;
\nb. Medical practice appellate tribunal<\/p>\n
Article 56: The medical practice tribunal and the appellate
\ntribunal shall be established by orders of the Supreme Court.<\/p>\n
Article 60(1): The judges of the medical practice tribunal and
\nthe appellate tribunal shall consist of legal and medical
\nexperts.<\/p>\n
Article 88: The medical practice tribunal and the appellate
\ntribunal are tasked with and obliged to examine, decide and
\nresolve disputes involving the medical profession.<\/p>\n
Article 91(1): Persons and institutions that suffer losses due to
\nmedical malpractice may bring actions in the medical practice
\ntribunal.<\/p>",
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"sponsor": "Okusi Associates",
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