UNNES LAW JOURNAL 6(1) 2020
How Far is Consumer Protection in
the Health Care Sector?
Cut Mayang Widya Nuryaasiinta
ABSTRACT. In health services, it is not uncommon to cause malpractice due to
negligence committed by health workers who are not in accordance with
professional standards. This paper is intended to analyse concerning to how to
protect consumers, the form of legal protection for patients as consumers of medical
services and the forms of responsibility of hospitals and doctors as parties to
medical services according to Law No. 8 of 1999 concerning Consumer Protection
and Law No. 36 of 2009 concerning Health. To answer the question used the
normative legal research method, the approach used in legal research is the statute
approach), and case approach. In the Decision of Central Jakarta District Court No.
287/PDT.G/BTH/2011/PN.JKT.PST) there are 5 (five) rights of consumers who
have been neglected by business actors according to Law Number 8 of 1999
concerning Consumer Protection, namely Article 4 points (a), (c), (d), (e), (g), and
(h), and according to the Law Number 36 of 2009 concerning Health of consumer
rights that are violated is in Articles 5-8, Articles 56-58. Regarding the
responsibility given by business actors (RSCM) to consumers (Nina Dwijayanti) in
the form of money amounting to Rp 1,776,010,000.00 (one billion seven hundred
seventy-six million ten thousand rupiah), in Article 19 paragraph (2) the Consumer
Law only recognizes just material compensation but according to Article 46 of Law
No.44 of 2009 concerning this compensation house is appropriate.
KEYWORDS. Consumer Protection; Health Care; Malpractice; Health Law;