The Protection for Private Rights of Hospital Patient in the Perspective of Indonesia Legal System

Abstract

Relationship between patient and hospital in Indonesia, is a relationship based on health services. This context of relationship will impact on the emergence for rights and obligations in the relationship’s patient and hospital. This research tries to analyze aspect of the protection for private rights of hospital patient in the perspective of indonesia legal system. This research’s analysis focuses on normative legal in both of conceptual and constitution approach. The result of research shows that Indonesia legal system today, it does provide regulation in form of constitution in order to ensure the protection of the rights of civil patients in the hospital. It is Burgelijk Wetboek or abbreviated BW. BW is a general legal containing private rights for Indonesian. Article of 1313 of, in my analysis, is the basis of the legal relationship between the patient and the hospital placed in a teraupetik relationship framework that is bound by the agreement. Based on Article 1313 BW, the civil rights of patients, is based on what is agreed between the hospital with the patient. Indonesia government has also enacted a constitution to specifically guarantee the protection for patient’s private rights, among others, the act of Number of 29 of 2004 on practice of medicine and the Act of Number of 44 of 2009 on The Hospital. Both of the Acts, they regulate the civil rights of patients containing right for obtaining clear, accurate, and comprehensive information about what forms of treatment, medication, and medical action in the hospital. Right for information in the hospital, the Indonesia legal system, is informed consent. informed consent or IC is not only an agreement of the will of the patient, but also a commitment to the protection of the patient's rights from any medical action which is fatal for the patient or it can deprive the patient's life.

Keywords: Patient, the Hospital, Private Rights, and Informed Consent.