Legal Protection Of Patients Against Accusations Of Defamation In Medical Service Disputes At Omni International Hospital

Abstract

This study examines legal protection for patients who submit complaints regarding medical services and subsequently face accusations of defamation. The research focuses on the case of Prita Mulyasari against Omni International Hospital, particularly as reflected in Supreme Court Decision Number 300 K/Pdt/2010. This case represents a significant legal controversy concerning the balance between the patient’s right to express dissatisfaction with medical treatment and the institution’s interest in protecting its reputation. The objectives of this study are to analyze the legal considerations of the Supreme Court, to examine the application of defamation provisions under Indonesian positive law, and to assess patient protection from the perspective of Islamic law. This research employs a normative juridical method using statutory, case, and conceptual approaches. The legal materials analyzed include legislation relating to health services, consumer protection, hospital liability, and relevant judicial decisions. The study finds that the Supreme Court adopted a contextual and systematic interpretation by recognizing that the patient’s complaint constituted a legitimate form of consumer grievance rather than an unlawful act of defamation. The decision emphasized that criminal law should function as ultimum remedium and should not be used to criminalize patients who convey complaints in good faith. From the perspective of Islamic law, patient protection is closely associated with the principles of hifzh al-nafs (protection of life), justice, public benefit (maslahah), and the elimination of harm. The study concludes that patients must receive legal protection when expressing honest complaints concerning medical services. Harmonization between health law, consumer protection law, and defamation law is therefore essential to ensure justice and to prevent the future criminalization of patients