the concept of penal mediation for the crime of medical negligence in realizing legal protection for medical personnel and patients or their families

The research objective was to determine the form of legal protection for medical personnel andpatients or their families for criminal acts of medical negligence and the form of the mediation concept ofpenalties for medical negligence. this research uses normative juridical legal research, is descriptiveanalysis, data sources are primary and secondary legal materials. medical negligence lies betweendeliberate and coincidence, the crime of medical negligence is not mens rea, culpa offense is a falseoffense. the concept of penal mediation for the criminal act of medical negligence is to bring togethermedical personnel with patients or their families directly, changing the perspective of criminal lawtowards a humanistic criminal law, because the main focus isn’t on retaliation but on efforts to restore andmake peace. the concept of penal mediation isn’t intended to maintain discretionary measures by lawenforcers but to provide a place for penal mediation for criminal acts of medical negligence in thecriminal justice system in realizing legal protection for medical personnel and patients or their families.the concept of penal mediation in realizing legal protection for medical personnel and patients or theirfamilies is a reform of criminal law as a reflection of restorative justice that needs to be regulated and byoffering conditional norms. criminal law reform must be carried out by reviewing and reconstructingcriminal law in accordance with the social central values and socio-cultural values of the indonesianpeople so that indonesia's criminal law in the future is filled with pancasila values.