Previously, the relationship between patients and doctors or healthcare workers was paternalistic; this meant that patients followed all recommendations given by doctors or healthcare workers for the benefit of their health. However, in the current era, this relationship has gradually faded over time, particularly since the enactment of Law No. 17 of 2023 on Health (“Health Law”), which placed patients and doctors on an equal position.
The equal position of doctors, healthcare workers, and patients has brought about a paradigm change in healthcare. However, medical disputes are essentially unavoidable, so it brings up a new question: what are the rights and obligations of the parties involved in the medical dispute?
Patients’ Rights and Responsibilities in the Healthcare Sector
According to Article 1, item 23 of Law No. 17 of 2023 on Health (“Health Law”), a patient is defined as any person who receives health services from medical personnel and/or health workers. The health services in question may be provided in the form of promotive, preventive, curative, rehabilitative, and/or palliative care.
Basically, the relationship between a patient and a healthcare professional is based on the interests of the doctor, healthcare workers, and the patient, as well as their mutual dependence on one another. According to Article 276 of the Health Law, patients have the following rights:
- To receive information regarding their own health
- To receive adequate explanations regarding the healthcare services they receive
- To receive healthcare services in accordance with medical needs, professional standards, and quality service
- To refuse or consent to medical procedures, except for medical procedures necessary for the prevention of infectious diseases and the management of extraordinary events or epidemics
- To have access to information contained in their medical records
- To seek a second opinion from another medical professional or healthcare worker
- To exercise other rights in accordance with applicable laws and regulation
To receive healthcare services, patients have certain obligations they must fulfill, including:
- providing complete and truthful information about their health issues;
- following the advice and instructions of medical and healthcare professionals;
- complying with the regulations in effect at the healthcare facility; and
- paying for the services received.
The existence of provisions regarding patient obligations is closely related to the healthcare services provided by doctors and healthcare workers. One example is when a patient visits a hospital in need of treatment, but during the examination and questioning by the doctor, the patient dishonestly states that he or she does not have an allergy. After being prescribed medication, it turns out that the medication is unsuitable and causes adverse reactions, even worsening the condition compared before.
A doctor’s lack of knowledge due to a patient’s dishonesty in providing information constitutes a medical risk, which could have been prevented from the start. However, because of the patient’s dishonesty from the beginning, the patient’s condition has actually worsened, and this could potentially become a disaster for the doctor and healthcare workers treating the patient. The emergence of such a situation naturally carries the risk of causing a medical dispute.
On the other hand, the situation is different if a medical dispute arises due to mistakes made by doctors or healthcare workers while providing medical care to patients. If a medical dispute arises due to mistakes made by doctors or healthcare workers, the patient or their family has the right to complain to the Professional Disciplinary Council. When making a complaint, the patient should provide complete and truthful information regarding the issue and the losses that have been incurred.
The Rights of Doctors and Healthcare Workers in Medical Disputes
Regarding cases of a patient’s dishonesty in interactions with doctors and healthcare workers, Article 273(1)(b) of the Health Law essentially grants doctors and healthcare workers the right to receive complete and accurate information from the patient or their family. Therefore, a patient’s dishonesty can pose a fatal medical risk, both to the patient in concern and to the doctor and healthcare workers, as inaccurate information can lead to misdiagnosis and even treatment failure.
Nevertheless, medical risks should not be used as an excuse to absolve doctors of their responsibility in providing medical care, as it is important to note that one of a doctor’s obligations is to provide healthcare services in accordance with professional standards, service standards, standard operating procedures, and professional ethics, as well as the patient’s health needs, as stipulated in Article 274(a) of the Health Law. Therefore, doctors remain obligated to provide the best possible healthcare services based on their expertise to patients
However, what happens if a doctor has given his or her best in providing medical care, yet still cannot avoid a medical dispute based on a patient’s complaint due to the patient’s dissatisfaction with the healthcare services provided by the doctor?
According to Article 273(1)(a) of the Health Law, doctors and healthcare workers are entitled to legal protection as long as they perform their duties in accordance with professional standards, professional service standards, standard operating procedures, and professional ethics, as well as the patient’s health needs. This means the state is obligated to protect doctors and healthcare workers while they are practicing their profession.
The legal protection provided by the state to doctors and healthcare workers is realized through an initial review mechanism by the Professional Disciplinary Council to determine whether a professional disciplinary violation has been committed by a doctor or healthcare worker. Thus, medical disputes are not immediately referred to court; rather, it must first be determined whether the action in question resulted from negligence or was instead an unavoidable medical risk.
Consequently, in criminal cases, the Professional Disciplinary Council may issue a recommendation regarding whether or not an investigation should be conducted. Meanwhile, in civil cases, the Council’s recommendation may pertain to whether the professional practice carried out by the doctor or healthcare worker complies with or deviates from professional standards, service standards, and standard operating procedures.
Accordingly, the recommendations issued by the professional disciplinary board can serve as a starting point for protecting doctors and healthcare workers in the practice of their professions, so that both doctors and healthcare workers can provide healthcare services to patients with peace of mind, without fear of being implicated in criminal acts or baseless legal claims, provided that the medical care provided complies with professional standards, service standards, and standard operating procedures.
The Role of Hospitals as Facilitators of Healthcare Services in the Case of a Medical Dispute
As healthcare facilities that provide medical services, hospitals have several obligations, including providing safe, high-quality, non-discriminatory, and effective healthcare services that prioritize the interests of patients in accordance with hospital service standards.
When a medical dispute arises between a doctor and a patient, the hospital remains liable for any resulting damages. Pursuant to Article 189(1) of the Health Law, hospitals are obligated to protect and provide legal assistance to all hospital staff in the performance of their duties. This means that when a medical dispute arises involving doctors or healthcare workers employed at the hospital in question, the hospital must not leave the doctor or healthcare worker to face legal claims alone but is required to assume full responsibility for providing legal assistance to the doctor or healthcare worker.
Meanwhile, on the other side, hospitals are also fully liable for patients who suffer harm, as stipulated in Article 193 of the Health Law, which states that:
“Hospitals are legally liable for all harm caused by negligence on the part of the hospital’s healthcare personnel.”
This means that the responsibility of the individual doctor or healthcare worker in question may shift to the hospital. This provision adopts the principle of corporate liability in healthcare services. Moreover, hospitals are also obligated to respect patients’ rights, including: providing a summary of medical records and all relevant health information transparently to the patient in question.
Even though hospitals are fully responsible for protecting doctors, healthcare workers, and patients, they also have the right to legal protection. This means that when a medical dispute threatens the hospital’s reputation, the hospital has the right to take legal action and conduct an internal audit to objectively clarify the medical facts. If it is proven that there was no malpractice, the hospital has the right to reject claims for compensation and to take steps to restore its reputation from unfounded accusations.
Medical disputes are undesirable for doctors, healthcare workers, patients, and hospitals because they can threaten the professionalism that doctors and healthcare workers have built and endanger patient health. However, if a medical dispute cannot be avoided, its resolution must be based on a balance between the rights and obligations of the parties to achieve a fair and transparent resolution and a win-win solution.***
Regulation:
- Law No. 17 of 2023 on Health (“Health Law”).
Reference:
- Ketidakjujuran Pasien, Petaka bagi Tenaga Medis. Kominfo Kabupaten Banjar. (Diakses pada 7 Mei 2026 Pukul 10.54 WIB).
- Risiko Medis dalam Pertanggungjawaban Hukum Dokter oleh Dr. Wahyu Andrianto, S.H., M.H. Fakultas Hukum Universitas Indonesia. (Diakses pada 7 Mei 2026 Pukul 11.07 WIB).
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