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Abstract

Disputes arising from negligence in medical services that result in harm to hospital patients can be resolved using the Victim Forgiveness Model. This approach aims to efficiently resolve disputes and achieve win-win solutions, particularly in the context of criminal justice system reform. Fundamentally, the Victim Forgiveness Model offers benefits such as preventing the accumulation of court cases, ensuring balanced justice for both offenders and victims, removing the painful stigma of punishment, reducing prison overcrowding, and aligning with the principles of "quick, simple, and low-cost" justice. This research aims to obtain a legal policy formulation in recovery with compensation in dispute resolution in the health sector which aims to create an efficient and fair settlement process for victims and perpetrators of criminal acts. Another goal is to examine the conception of "forgiveness (afwan)" from the perspective of Islamic Law which then becomes a model that can be adopted in the Indonesian legal system. This research uses a qualitative method, which describes the facts with primary, secondary, and tertiary legal materials such as Laws, books, article and other sources relevan to the research. Furthermore, the results shows that dispute resolution for negligence in hospital medical services can be achieved through a non-litigation process involving both the hosp ital and the patient. Mediation is recommended as an approach to balance the interests of both parties in meeting their demands, thereby ensuring the relationship between the patient and the doctor.

Keywords

Indemnity Dispute Resolution negligence of Medical Services Hospital Liability

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