TITIEK NURHAYATI, 031214253063 (2014) TANGGUNG GUGAT DOKTER SPESIALIS TERHADAP PEMUTUSAN PERJANJIAN KERJA SECARA SEPIHAK. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

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.

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