Wahyu Andrianto S.H., Djarot Dimas Achmad Andaru S.H., Thalia Prameswari
The imposition of legal liability upon hospitals and governments in health-related cases in Indonesia has created differing perspectives. Therefore, the author believes that the theory of vicarious liability can be applied to elicit liability from the hospital. However, it is found that the vicarious liability theory presents its own unique features when applied to hospitals’ liability in Indonesia. The application of this theory becomes varied as it can become respondeat superior and ostensible/apparent agency. In view of the above, the present paper will be applying the Legal Theory of Interpretation of Ronald Dworkin to analyze the interpretations of legal principles by Indonesian judges in medical dispute cases and analyze the situation by applying the Theory of Governmental Damages Liability put forward by Lawrence Rosenthal and compare the result with the rules of unlawful government acts as applied in Indonesia. This research is expected to provide a theoretical and philosophical description of the liability of the government and hospitals in medical disputes in Indonesia, as compared with their relevance to the postulated legal principles and theories.