IMPLIKASI KEPERDATAAN ATAS PELAKSANAAN KONTRAK TERAPEUTIK DALAM RANGKA PERLINDUNGAN HUKUM BAGI DOKTER

Abstract

The purpose of this study is to determine the legal basis for implementing a therapeutic contract between a doctor and a patient and the implications of legal protection in a therapeutic contract for the parties. Therapeutic contract is an agreement between a doctor and a patient that authorizes the doctor to carry out activities to provide health services to patients based on the expertise and skills possessed by the doctor. Based on the therapeutic contract, the doctor and the patient together determine the most appropriate medical action to be taken. This research is normative juridical research using secondary data by processing data from primary legal materials, secondary legal materials and tertiary law Based on the research results, it is known that the legal basis for implementing therapeutic contracts between doctors and patients is based on the provisions of Article 1320 of the Civil Code and Article 1338 of the Civil Code, Article 68 The Act No. 36 of 2014, Article 5 The Act No. 36 of 2009, Article 39 The Act No. 29 of 2004. Furthermore, the therapeutic contract must fulfill the provisions of informed consent, which is an agreement on medical efforts made by the doctor after the patient has received information from the doctor regarding medical measures that can be taken to help him along with the risks that may occur. Then the implications of legal protection in therapeutic contracts for the parties can be seen from the rights and obligations that arise between doctors (health workers) and patients. Basically, the object in the therapeutic contract is the maximum effort to heal the patient. The patient's obligation is to provide complete and honest information about his health problems, comply with the advice and instructions of a doctor pay fees or services.