PENYELESAIAN SENGKETA PERBUATAN MELAWAN HUKUM DALAM PELAKSANAAN PERJANJIAN TERAPEUTIK ANTARA DOKTER DENGAN PASIEN (STUDI PUTUSAN NOMOR 85/PDT/2014/PT.PLG)
Abstract
Therapeutic contract is a relationship between doctor and patient which generate
the rights and obligations for them in treatment. This occurs when the patient
visits the doctor and the doctor give the treatment for the patient so indirectly
both parties must fulfil their rights and obligations. In practice, sometimes one of
the parties is deemed not to fulfil the rights of the others so that a civil dispute
may arise as a claim of breach of contract and/or unlawful act. The author in this
thesis will discuss about how to resolve the dispute of unlawful act between the
doctor and the patient in Therapeutic Contract, and how can a doctor and
hospital be deemed to do unlawful act in the judge's consideration in the number
of cases 85 / PDT / 2014 / PT. PLG jo Decision Number 97 / Pdt.G / 2013 /
PN.PLG.
The author concludes that the Settlement of disputes unlawful act in the
therapeutic contract can be resolve either through litigation and non litigation,
according to the article 130 law of civil Liability (HIR) or 154 law of civil
Liability (Rbg) and also article 118 law of civil Liability (HIR). Then to find out
whether a person / legal entity do unlawful act must first be seen obligations and
rights.