The Analysis Of Civil Law Relating To Misbruik Van Omstandigheden On The Issue Of Hospital Rejection To Poor Patients

Abstract

Hospitals are health institutions mandated by the state to organize health services that are emitted through the role of hospitals in providing excellent medical services for all Indonesian people without exception. This includes the poor, in fact there are many rejections of poor patients by hospitals, this is an act against the mandate of health law policy, including in terms of committing acts of abuse in medical service agreements for patients who want health services for the poor based on the principle of balance agreement. This article, which used doctrinal research method, sees the issue of rejection of poor patients by hospitals as a form of Misbruik van Omstandigheden in therapeutic agreements resulted as agreements from the principles of civil law and medical service agreement law. The ignorance of poor patients regarding the existence of their rights in every therapeutic agreement made by hospitals made poor patients often helpless when they experience rejection from hospitals with illogical reasons. Based on the study of this article, it is found that in terms of medical services for the poor, the position of therapeutic agreements and agreements concerning informed consent as a commitment to health services for the poor is not clear, resulting in a one-sided situation or misbruik van omstandigheden committed by hospitals to poor patients.