Synthesis of indonesian health law progressivism: medical cases paradigmatic therapy in judicial process


  • Wukir Prayitno



The achievements of the judiciary in medical cases are not only physically damaged, but also due to a less progressive way of thinking. Medical cases often have to deal with or are more accurately hindered by the use of certain principles and doctrines that fall within the realm of science and theory. The struggle against medical cases is often not defeated by struggles in the physical realm (evidence) but in the realm of the mind, which is symbolized by science and theory. Sometimes defeat is not caused by the use of principles or doctrine alone, but more painfully, sometimes "only" by mere procedural justice. Therefore, progressive law is expected as a paradigmatic therapy to deal with medical cases in the judicial process as an attempt to dive into fundamental problems in science and theory. The idea of ​​progressive law has inspired and excited the intellectual world of law in recent years, even for the foreseeable future. The charm and law enforcement actor of progressive law is not only able to dismantle various perspectives that have not been touched and are considered established in the universe of medical legal thought, health workers law, hospital law, and health law, but also with their ability and courage to synergize various opinions of legal schools with contemporary scientific developments. Progressive law is not only an important vocabulary that must be quoted and discussed when talking about our various legal issues in the present and current era, but progressive law appears as an alternative offer for how medical law should try to overcome various problems and problems of the nation (doctors, health workers, hospitals, and patients).