Healthcare services are a vital component in fulfilling the right to health and involve a legal relationship between patients, medical professionals, and healthcare facilities through a therapeutic agreement. In practice, harm suffered by patients often raises difficulties in distinguishing between medical risk, breach of contract, and tortious liability (perbuatan melanggar hukum/PMH), particularly because the scope of tort liability within therapeutic relationships remains unclear. This study aims to identify and analyze liability for unlawful acts against patients, as well as the legal remedies available to patients based on therapeutic agreements in Indonesia and Turkey. The study employs a normative legal research method using a statutory and comparative approach. Data were obtained through a literature review and analyzed descriptively. The results show that Indonesia bases PMH liability on Article 1365 of the Civil Code, while Turkey regulates it under Article 49 of the Turkish Code of Obligations No. 6098. Turkey has a more explicit formulation of PMH, which includes acts contrary to public morality, as well as more detailed provisions on compensation. In dispute resolution, Indonesia provides a wider variety of non-litigation mechanisms, whereas Turkey's system is simpler and structured according to the type of healthcare facility. In conclusion, the therapeutic agreement serves as the basis for determining the rights and obligations of the parties, while liability is determined based on the character of the act and the fulfillment of liability elements under each legal system.
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