Karya Ilmiah
TESIS (2214) - Tanggung Gugat Dokter Spesialis Terhadap Pemutusan Perjanjian Kerja Secara Sepihak
The limited number of specialists doctor lead to the higher bargaining
position of specialists doctor than the hospital, therefor in cooperation with
specialists doctor, hospital’s management must give certain privileges demanded
by them. Professional Contract made must be based on good faith of the parties,
also must already contains elements which facilitates the interests of the parties by
detail and proper. In line with that, the Internal Medical Staffs Regulations in
Hospital, chapter 35 about the special objectives of internal medical staffs rules
mentioned: “to achieve good cooperation between functional medical staff with
hospital’s manager should also regulates by detail and proper about relationship
between hospital management and specialists doctor, including the way how to
terminate professional contract. When approving a removal request of specialists
doctor practice place, the City health Departement should emphasize the function
of even distribution placement of the specialists doctor. Although it is simple,
professional contract between specialists doctor and the hospital is a product of
law who bind both of the parties, and make them to keep the liability of its
content, so hospital may have more power to enforce clauses in a contract, include
legal action civil lawsuit in settlement unilateral termination of employment
agreement by specialists doctor. The optimalisation role of hospital association
such as PERSI, ARSADA and ARSS is expected to increase bargaining position
of hospital.
Keywords : Professional Contract beetwen Hospital and Specialist doctor,
Privileges and Liability
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