Regulating Legal Relationships of Doctors and Hospitals to One Party with Patients to Other Parties in the Indonesian Civil Law System

In: International journal of multicultural and multireligious understanding: IJMMU, Band 6, Heft 4, S. 255

Abstract

The condition among the Indonesians nowadays indicated that there are many legal cases, especially in the medical disputes between doctors and hospitals on the one side towards their patients on the other side. The medical disputes are basically emerged because there is an inequality between patients expectation with reality that patients get. The first problem of this research is how are the legal relations of doctors and hospitals on the one side towards their patients on the other side under the Indonesian civil law system, and the second problem of this research is what are the criteria to determined doctors and hospitals could be liable under the civil law system towards their patients damaged in the medical disputes. The first objective of this research is to study and analyze how are the legal relations of doctors and hospitals on the one side towards their patients on the other side under the Indonesian civil law system, and the second objective of this research is to study and analyze what are the criteria to determined doctors and hospitals could be liable under the civil law system towards patients damaged in the medical disputes. The method used in approaching the problem of this research is normative juridical. The type of this research is descriptive analytics. The source of this research is from secondary data with using primary legal substance, secondary legal substance, and tertiary legal substance. Based on the result of the research, it can be concluded that are, first, the legal relations between doctors towards their patients in medical services emerged because there are therapeutic contractual and the regulations which is regulated in Civil Law Code Article Number 1233, while the legal relations between hospitals towards their patients included in common contractual which is regulated in Civil Law Code Article Number 1234, and also could emerged according to Civil Law Code Article Number 1367 (3). Second, the criteria for doctors and hospitals can be declared responsible for the loss of patients, are because of negligence by doing medical actions contrary to the standards operational procedures (SOP) and the service standards, and also because of negligence based on legislation.