DISPLANCING RESPOSIBILTY: THE EVOLVING CIVIL LIABILTY OF HOSPITALS IN INDONESIAN MEDICAL MALPRACTICE CASES

Abstract

This article examines the evolving construction of civil liability in medical malpractice cases involving hospitals in Indonesia. Using a normative juridical method enriched with a comparative approach to Dutch and English legal systems, this study reveals that hospitals are, in principle, organizationally structured under their parent legal entities. However, legal interpretation and jurisprudence have shown a trend toward recognizing hospitals as independent legal subjects. This phenomenon has created legal uncertainty, particularly regarding the identification of liable parties and the execution of judicial decisions. The findings indicate that such a shift risks obscuring the application of the principle of vicarious liability in civil law. Thus, reformulating both doctrine and regulation is necessary to restore legal certainty and ensure effective hospital accountability in medical malpractice litigation in Indonesia.