TINJAUAN HUKUM TERHADAP PASIEN DARI PRAKTIK DOKTER PALSU BERDASARKAN UU PRAKTIK KEDOKTERAN JO KUH PERDATA (Studi Kasus Putusan Nomor 1747/Pid.B/2023/PN Sby)

This study aims to analyze the legal relationship between patients and fake doctors under the Indonesian Civil Code and to examine the forms of civil liability of fake doctors towards patients who suffer losses. The practice of impersonating a doctor is an illegal act that causes physical, psychological, and economic harm to patients. This research employs a normative juridical method with statutory, conceptual, and case study approaches, particularly focusing on the Surabaya District Court Decision Number 1747/Pid.B/2023/PN Sby. The findings indicate that the legal relationship between patients and fake doctors does not meet the validity requirements of an agreement under Article 1320 of the Indonesian Civil Code, as the perpetrator lacks legal capacity and the relationship arises from an unlawful cause. Civil liability of fake doctors to patients can be pursued based on Article 1365 of the Civil Code concerning unlawful acts, including compensation for material and immaterial damages. Civil law enforcement is expected to serve as a means of restoring patients’ rights in addition to the criminal sanctions imposed on the perpetrators.
Keywords: legal relationship, civil liability, fake doctor, patient, unlawful act.