The Center for Bioethics and Medical Humanities (CBMH FK-KMK UGM) again held a Raboan Discussion Forum on Wednesday (29/06). The event, which was held online, was presented Dr. CB Kusmaryanto, SCJ who is a lecturer in Bioethics from Sanata Dharma University and a consultant to hospitals throughout Indonesia. Father Kus, Dr. CB Kusmaryanto, SCJ, presented the material with the title Efforts to Achieve Restorative Justice: Strategies in Facing Medical Disputes. Acting as moderator is Desy Putri Ratnasari, S.Si., M.Sc. Desy is an alumnus of the Bioethics Masters Study Program and a Researcher at CBMH FK-KMK UGM.

The term Prima Facie was popularized by a philosopher from England named David Ross. The definition of Prima Facie when viewed from the term means the first appearance. In Latin, Prima means first while Facie means face. Prima Facie is then interpreted as truth or obligation that first appears.

According to David Ross, Prima Facie can be recognized by intuition. Ross says that through intuition a person realizes that he has several obligations to do good. According to Ross, there are seven Prima Facie duties, including Duty of Fidelity (promise keeping), Duty of Reparation (making up for prior wrongful acts), Duty of gratitude (being grateful for others acts of kindness), Duty of justice (being fair). , Duty of beneficence (benefiting or helping others), Duty of self-improvement (education or practice), and Duty of non-maleficence (not harming others).

Ross points out that the Prima Facie appears to be an obligation. The Prima Facie principle can turn into an obligation which is then called the actual duty. According to Ross, the Prima Facie principle can become an actual duty when there is no conflict with other principles. As already explained, there are seven prima facie principles and four of them are included in the basic principles of Bioethics.

Father Kus explained that the Prima Facie principle is very important for a health care provider to understand. Health care providers often assume that the four basic principles of Bioethics are absolute principles that must be implemented. However, it is not uncommon for conflicts to occur between one principle and another.

For example, when someone proposes to perform Euthanasia, the doctor should oppose it. In this case, there are two conflicting principles, namely autonomy and respect for human life. A doctor should apply the principle of respect for human life above all else.

In addition to respect for human life, other principles that must also be prioritized are Respect for human dignity and Respect for human integrity. According to Romo Kus, these three principles must be well understood by health service providers to produce the best decisions for all parties.

 

Wednesday (15/06) Center for Bioethics and Medical Humanities again held a virtual discussion forum entitled Raboan Discussion Forum. On that occasion, the topic was entitled Efforts to Achieve Restorative Justice: Strategies in Facing Medical Disputes. The title was presented by the speaker, dr. Gregorius Yoga Panji Asmara, S.Ked., S.H., M.H., C.L.A. Meanwhile, the moderator was dr. Galuh Dyah Fatmala.

Neither doctors nor patients want a medical dispute to occur. However, a doctor has rights and obligations that must be carried out. Likewise, with patients, they have the right to get maximum health services from doctors. A patient has the right to file a criminal complaint when he feels he has received inappropriate services. So legal disputes between doctors and patients are things that can happen in the practice of health services.

According to dr. Gregorius said that current law in Indonesia still tends to use the retributive paradigm. The retributive paradigm is one of the legal paradigms that emphasizes providing a deterrent effect to perpetrators. Whereas the retributive paradigm has been criticized by legal experts abroad because it is considered to ignore the long-term aspects of a sentence.

Gregorius said that abroad there has been a paradigm shift from retributive to restorative. The restorative justice paradigm puts forward alternative solutions in a legal case. Restorative justice encourages the process of conciliation between patients and doctors. The parties involved will be asked to gather and consult to resolve the problem collectively to prevent negative consequences in the future.

“Encouraging efforts to heal rather than punish,” said dr. Gregorius

Article 29 of Law Number 36 of 2009 concerning Health reads “If a health worker is suspected of negligence in carrying out his profession, the negligence must be resolved first through mediation”. The article indicates that the resolution of health disputes in Indonesia seeks a deliberation process carried out by both parties before the dispute is brought to court. In addition to mediation, there are several other non-litigation Alternative Dispute Resolutions such as negotiation and arbitration.

Gregorius hopes that restorative justice can become a modern legal paradigm that is developing in Indonesian society. “Medical disputes in the form of alleged ethical, disciplinary, and legal issues have their respective enforcement/handling procedures. “Justice” can be fought for until the end, by fully understanding the process taken,” said dr. Gregorius.

 

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