Related Civil Law Studymisbruik Van Omstandighedenon the Issue of Hospital Refusal Towards Female Patients with Economic Disadvantages from A Human Rights Perspective

Abstract

Hospitals are health institutions mandated by the state to provide health services that are reflected through the role of hospitals in providing excellent medical services for all Indonesian people without exception. This includes the economically weak community, in reality there are many cases of rejection of economically weak patients by hospitals, this is an act against the mandate of health law policies, including in terms of committing acts of abuse in medical service agreements for patients who want health services for economically weak communities based on the principle of balance of agreements. This article, which uses a doctrinal research method, looks at the issue of rejection of economically weak patients by hospitals as a form of Misbruik van Omstandighedenin the agreementtherapeutic agreements that arise from the principles of civil law and medical service agreements. Ignorance of economically disadvantaged patients often leaves them helpless when they are rejected by hospitals for illogical reasons. Based on the study of this article, it was found that in terms of medical services for economically disadvantaged communities, the position of therapeutic agreements and agreements concerning informed consent as a commitment to health services for economically disadvantaged communities is unclear, resulting in a one-sided situation or misbruik van omstandigheden carried out by hospitals towards economically disadvantaged patients.