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Dissertation Chapters | Law | Indonesia | Volume 8 Issue 7, July 2019 | Popularity: 7 / 10

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Dispute Settlement in Therapeutic Agreement Protecting Patients

Yatini, Priya Djatmika, Yuliati, Dhiana Puspitawati

Abstract: Legal binding of doctor-patient in the form of “agreement” results in civil legal binding. However, in Indonesia, regulation on doctor registration states that it is an administrative relation. Legal impact of administrative legal relation is that patients consent in interpreted as administrative product in the form of “statement of patient” whose legal impact is administrative sanction and even criminal sanction in case of mal-administration. On the contrary, for “agreement” relation, patients’ agreement is “contract between patient and doctor” and its legal impact is Unlawful Act or contract default resulting in “compensation” given to indemnified parties. Patient loss in the context of medical practices is based on “agreement” and there has not been law protection on the part of patients for dispute settlement resulting in legal insecurity for patient. Therefore, arrangement of legal substance for doctor-patient relation in the context of administrative and contractual relation should be elaborated. The elaboration of “”agreement” substance as a contract is then stated in specific legislation regulating contract relation between doctor and patients. In addition, law on medical practice functions as requirement of medical registration. The formulation of specific law regulating the agreement is expected to be able to give certainty on the settlement of civil dispute for indemnified patient.

Keywords: YATINI

Edition: Volume 8 Issue 7, July 2019

Pages: 108 - 111

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