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All Journal Jurnal Smart Hukum (JSH) Equivalent: Jurnal Ilmiah Sosial Teknik
Abdillah, Zaini
Unknown Affiliation
Economics, Econometrics & Finance Electrical & Electronics Engineering Industrial & Manufacturing Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonization of Health Law Number 17 of 2023 with the Legal Status of Hospitals as Legal Entities Abdillah, Zaini; Ruslina, Elli; Azalia, Miliani; Pramulita, Ni Kadek Ayu; Wiguna, Andri
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1284

Abstract

Based on Law Number 17 of 2023 concerning Health, it is stated that a hospital is a health service facility that provides comprehensive individual health services through promotive, preventive, curative, rehabilitative, and/or palliative health services by providing inpatient, outpatient, and emergency services. Referring to the provisions contained in Law Number 17 of 2023 concerning Health, hospitals can be organized by the central government, regional governments, or the community. Hospitals organized by the central government or regional governments in providing health services can apply the financial management pattern of public service agencies in accordance with the provisions of laws and regulations. In contrast, hospitals established by the community must be in the form of a legal entity whose business activities are only engaged in health services, except for hospitals organized by non-profit legal entities.
Harmonization of Health Law Number 17 of 2023 with the Legal Status of Hospitals as Legal Entities Abdillah, Zaini; Ruslina, Elli; Azalia, Miliani; Pramulita, Ni Kadek Ayu; Wiguna, Andri
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1284

Abstract

Based on Law Number 17 of 2023 concerning Health, it is stated that a hospital is a health service facility that provides comprehensive individual health services through promotive, preventive, curative, rehabilitative, and/or palliative health services by providing inpatient, outpatient, and emergency services. Referring to the provisions contained in Law Number 17 of 2023 concerning Health, hospitals can be organized by the central government, regional governments, or the community. Hospitals organized by the central government or regional governments in providing health services can apply the financial management pattern of public service agencies in accordance with the provisions of laws and regulations. In contrast, hospitals established by the community must be in the form of a legal entity whose business activities are only engaged in health services, except for hospitals organized by non-profit legal entities.
Hospital Legal Responsibility for Unlawful Acts in Health Services: A Normative Juridical Analysis of Vicarious Liability and Central Responsibility Under Indonesian Health Law Abdillah, Zaini; Kusmiati, N. Ike
Equivalent: Jurnal Ilmiah Sosial Teknik Vol. 8 No. 2 (2026): Equivalent: Jurnal Ilmiah Sosial Teknik
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jequi.v8i2.273

Abstract

Background: Hospital-related patient safety incidents and medical negligence disputes have increased pressure on Indonesia's health governance system, revealing a significant legal gap. Article 193 of Law No. 17 of 2023 limits hospital liability to vicarious liability for health personnel, yet differing interpretations raise questions about whether hospitals also bear central responsibility for duty of care and facility management. Objective: It aims to analyze hospital legal liability for unlawful acts in health service provision, focusing on three aspects: the scope of hospital liability, the application of compensation, and the legal basis for unlawful acts. Methods: It employs a descriptive-analytical method with a normative-juridical approach, relying on primary, secondary, and tertiary legal materials, complemented by interviews. Data were analyzed qualitatively without statistical methods. Results: The findings reveal that hospital liability extends beyond vicarious liability to include centralized institutional responsibility for duty of care and facilities. Compensation for unlawful acts is applied analogically from Articles 1243–1248 of the Civil Code, covering costs, losses, and interest, including both material and immaterial damages, provided there is no contributory negligence by the patient. Furthermore, liability for unlawful acts under Articles 1365–1367 of the Civil Code should be directed not at the hospital as an entity, but at the controlling legal body, such as a company (PT) or government institution. Conclusion: Indonesian hospital liability law requires harmonization. Article 193 should be interpreted broadly to include both forms of responsibility, and legal reforms are needed to clarify liability and improve mechanisms for patient compensation.
Co-Authors Azalia, Miliani Elli Ruslina Kusmiati, N Ike Pramulita, Ni Kadek Ayu Wiguna, Andri