Luh Nyoman Alit Aryani
Postgraduate Study Program of Master of Health Law, Udayana University, Indonesia

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Juridical Analysis of the Cooperation Agreement Between Gema Santi Hospital and Udayana University Concerning Medical Specialist Doctor Education Program at Gema Santi Regional General Hospital, Nusa Penida I Putu Bramantra Tangsakha Kesuma; I Wayan Parsa; Luh Nyoman Alit Aryani
Journal of Law, Politic and Humanities Vol. 6 No. 5 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i5.3588

Abstract

Health development in archipelagic regions faces a critical shortage of specialist doctors, addressed by placingSpecialist Doctor Education Program Participants at Gema Santi Hospital via a Cooperation Agreement. However, this agreement lacks clear boundaries for clinical authority and definitive legal protection. This study aims to comprehensively analyze the regulatory frameworks governing legal protection and liability forSpecialist Doctor Education Program during medical disputes related to the agreement's implementation. This investigation constitutes normative legal research, operationalized through statutory and conceptual approaches. The processing of primary and secondary legal materials was conducted qualitatively, employing descriptive, interpretive, evaluative, and argumentative analytical techniques to dissect the prevailing norms and contractual clauses. The juridical analysis reveals that legal protection forSpecialist Doctor Education Program remains critically weak because the agreement exclusively regulates administrative logistics without attaching precise Clinical Privileges for the ambiguous "Independent Senior Resident" terminology This liability construct reveals a contradiction between institutional vicarious liability and individual criminal risks Furthermore, the agreement fails to accommodate professional liability insurance and prematurely directs prospective disputes to the District Court without prior medical mediation. In conclusion, the current agreement lacks comprehensive legal protection and juridical certainty, possessing high potential to trigger criminalization and impose disproportionate financial burdens upon medical professionals. It is strongly recommended that both institutions draft an addendum mandating the issuance of Clinical Privileges, the integration of professional indemnity insurance, and alternative dispute resolution clauses.