EVALUASI HUKUM TERHADAP KLAIM PERBUATAN MELAWAN HUKUM OLEH PENGGUGAT: STUDI KASUS PUTUSAN NOMOR 85/PDT/2021/PT PAL

Abstract

This research analyzes the legal aspects in the case of Decision Number 85/PDT/2021/PT PAL, which involves claims of unlawful acts related to patient isolation procedures during the COVID-19 pandemic. This study uses normative juridical research methods to ask whether the isolation measures carried out by Woodward Palu Hospital and Madani Hospital for non-reactive COVID-19 patients have violated the patient's human rights. The findings show that although the isolation measures are in line with health protocols and applicable regulations, several aspects, such as the lack of information to patients and allegations of medical violations, cause both material and immaterial losses for the plaintiff. However, the lawsuit was declared obscuur libel due to the lack of clear evidence regarding losses. This research emphasizes the importance of striking a balance between protecting public health and respecting individual rights, and underscores the need for more transparent and accountable procedures in the implementation of health policies.