Year: 2024 | Month: February | Volume: 11 | Issue: 2 | Pages: 76-83
DOI: https://doi.org/10.52403/ijrr.20240209
The Customary Law Value Approach “Dalian Na Tolu” in Achieving Justice in Resolving Medical Disputes in Indonesia
Farlin Subeki1, Tamaulina Br. Sembiring2
1Legal Studies Program Universitas Pembangunan Panca Budi, Medan, Indonesia/Regional General Hospital, Kota Bengkulu
2Legal Studies Program, Universitas Pembangunan Panca Budi, Medan Indonesia
Corresponding Author: Farlin Subeki
ABSTRACT
In the current system for resolving medical disputes in Indonesia, there is a distortion of the principles of justice outlined in Pancasila, the philosophical foundation of the nation. One alternative for achieving fair resolution of medical disputes in Indonesia is through the Dalihan Na Tolu customary law system, known for its excellence in maintaining family bonds and resolving conflicts. This research method employs a socio-legal approach, including anthropological, legislative, and case-based approaches. The findings of this research indicate that: First, the concept of Dalihan Na Tolu for the Tapanuli community can be understood as a legal system, consisting of three elements: mora, kahanggi, and anakboru. Second, several cases of medical dispute resolution in Indonesia, such as the “Case of Dr. G,” “Case of Dr. Ayu and others,” “Case of Dr. Heryani,” and “Case of Dr. Setyaningrum (which led to the establishment of the Indonesian National Health Legal Awareness Day),” show that the Indonesian health legal system is not in line with Indonesian justice values, resulting in 'defensive medicine.' Therefore, the justice values of “Dalihan Natolu” can be considered an alternative in achieving a fair medical dispute resolution system in Indonesia.
Keywords: Customary Law; Dalihan Natolu; Medical Dispute Resolution; Justice.
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