Legal Implications of Underhand Agreements Between Hospitals and Medical Device Distributors from a Health Law Perspective (Case Study of Dr. Yuniati Wisma Karyani Natuna Hospital)

Abstract

Procurement of medical devices is an important part in supporting health services in hospitals. In practice, cooperation between hospitals and distributors of medical devices is often stated in the form of private agreements without involving a notary. This study aims to analyze the legal implications of private agreements in the event of a breach of contract between hospitals and distributors of medical devices, both in the perspective of civil law and health law, and to provide legal recommendations as a reference for dispute resolution. The type of research used is sociological juridical research with a case study at RSAU dr. Yuniati Wisma Karyani Natuna. The specifications of this research are descriptive analysis, the types of data used are primary data, secondary data, primary legal materials, secondary legal materials and tertiary legal materials, then the data collection method is by interviewing health workers at RSAU dr. Yuniati Wisma Karyani Natuna, and the analysis method in this study is qualitative analysis. The results of the study indicate that private agreements remain legally binding as long as they meet the requirements for a valid agreement as stipulated in Article 1320 of the Civil Code. However, such agreements have limitations in terms of evidentiary power compared to authentic deeds. In the event of a breach of contract, the injured party has the right to demand fulfillment of the performance, compensation, cancellation of the agreement, or transfer of risk. From a health law perspective, breach of contract has the potential to disrupt the quality of health services and patient safety, so that hospitals still bear legal responsibility in the provision of health services. Therefore, this study recommends that cooperation agreements be made in the form of authentic deeds or at least legalized.