TINJAUAN YURIDIS TRANSAKSI TERAPEUTIK SEBAGAI SARANA PERLINDUNGAN HUKUM BAGI PASIEN DAN DOKTER

A therapeutic transaction is an agreement between a doctor and a patient that gives authority to the doctor to carry out activities to provide health services to patients based on the expertise and skills possessed by the doctor. The legal relationship in such therapeutic transactions, gives rise to rights and obligations that must be obeyed and carried out by each party. The emergence of rights and obligations as a result of the legal relationship between doctors and patients has the potential to trigger disputes between doctors and patients or medical disputes. In an effort to avoid or reduce medical disputes that occur, it is necessary to understand the construction of a legal relationship between doctors and patients. It is from this legal relationship that will give birth to legal actions and cause legal consequences. In a legal consequence, the inseparable thing is about who is responsible, to what extent responsibility can be given. This research uses a normative juridical approach method that will be analyzed through data collection, reducing data. The therapeutic transaction positions the position of doctors and patients, on an equal relationship in the hope that it will provide legal protection for the parties, but in reality the norms have not been able to provide legal protection. This happens because there is no regulation for the implementation of therapeutic transactions consistently.

Keywords: Doctor, Legal Relations, and Patient