Legal Certainty of a Peace Action Deed as a Mediation Product in Medical Dispute Law in the District Court

Abstract

This study aims to analyze the legal certainty of settlement agreements (akta perdamaian) resulting from non- litigation mediation in resolving medical disputes, as well as to identify their strengths and weaknesses compared to litigation pathways. In practice, conflicts between patients and medical professionals often have serious implications for the reputation of hospitals, thereby requiring a resolution mechanism that is fast, efficient, and legally secure. This research adopts a normative juridical approach by examining relevant legal instruments such as Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law No. 17 of 2023 on Health, and the Indonesian Civil Code. The findings indicate that settlement agreements made outside of court are valid and legally binding under civil law but do not automatically possess executorial force unless ratified by the court or formalized as notarial deeds. This condition may lead to legal uncertainty when one party fails to comply with the terms of the agreement. Therefore, mediation remains an ideal alternative dispute resolution in the healthcare sector, provided it is supported by legal mechanisms that ensure enforceability. The researcher also proposes a concept of medically based mediation, integrating legal and medical expertise to enhance fairness and effectiveness in future medical dispute resolutions.

Keywords: Legal certainty, settlement agreement, medical dispute, non-litigation mediation, hospital.