Advantages and Disadvantages on Having Privat Hospitals in the Form of Non-Profit Institution (Foundation): A Critical Review of Constitutional Court’s Judicial Review Against the Act Number 44/2009 on Hospital Affairs

SARWO, YOHANES BUDI and Wahyati, Y Endang and ANGGRAINI, DEWI and Hervina, Puspitosari Advantages and Disadvantages on Having Privat Hospitals in the Form of Non-Profit Institution (Foundation): A Critical Review of Constitutional Court’s Judicial Review Against the Act Number 44/2009 on Hospital Affairs. International Journal of Advanced Science and Technology.

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Abstract

A hospital was a social organization. The World Health Organization (WHO) affirmed that a hospital was an integral part of a social and health organization that served to provide comprehensive services, curative and preventive measures to the community. The Act Number 44 of2009 on Hospital stated that a hospital is a health service institution organizing personal health services in a plenary that provided inpatient, outpatient and emergency services. A hopital, as a matter of fact, had experienced shifting functions in health services. It was no longer be held solely as a humanitarian institution, because the organization of the hospital had been heavily influenced by social, economic, technological aspects, especially in the field of medicine. Therefore, legislations on hospital affairs accommodated alternatives on the hospital organization. There could be a public legal entity and private one as well that could organize a hospital. It could be in the form of a foundation, an associations or a limited company. This research used socio-legal approach related with private hospital organizations in Indonesia. The research specification was descriptive- analytical by applying qualitative analysis. The results of the study found that there were no private hospitals in Indonesia that are held in legal status since the legal entity status was still attached to the organizer or its founder. The legal body of the hospital was still in its organizer or owner. This condition led to legal uncertainty in hospital liability in facing legal cases. Keywords: hospital, private hospital, advantages and disadvantages.

Item Type: Article
Subjects: 300 Social Sciences > 340 Law
Divisions: Graduate Program in Master of Law
Depositing User: mr Yohanes Budi Sarwo
Date Deposited: 04 Mar 2022 04:43
Last Modified: 04 Mar 2022 04:43
URI: http://repository.unika.ac.id/id/eprint/22201

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