@phdthesis{digilib67449,
           month = {July},
           title = {ANALISIS PERJANJIAN TERAPEUTIK DALAM LAYANAN KONSULTASI KESEHATAN PADA APLIKASI HALODOC (STUDI KOMPARATIF HUKUM POSITIF DAN HUKUM ISLAM)},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 17103060013 Akhmad Syiham Maulawi},
            year = {2024},
            note = {Pembimbing: Annisa Dian Arini, M.H.},
        keywords = {Halodoc, Perjanjian Terapeutik, Perlindungan Hukum},
             url = {https://digilib.uin-suka.ac.id/id/eprint/67449/},
        abstract = {Halodoc is an online application that provides various health services. One of
the main services that is often used is teleconsultation. Through this service, patients
can consult with general practitioners or specialists via chat, voice, or video call.
Researchers found various reviews indicating user dissatisfaction with using Halodoc,
such as unfriendly doctors, limited time, difficulty connecting with doctors, not being
able to consult even though the balance has been deducted, and no balance refunds
when there is an error. Various obstacles that occur in the field have an impact on the
rights of service users not being achieved and indicate a breach of contract in
Halodoc consulting service.
The research aims to describe and analyze therapeutic agreements and
consumer protection according to Positive and Islamic Law. This research is
descriptive analytical by describing a legal phenomenon. This type of research uses
library research, namely collecting and critically reviewing library sources. The data
uses secondary data source, through document studies in the form of statutory
regulations, court decisions or decrees, contracts/agreements, legal theory, and so on.
Data analysis used qualitative analysis and a normative approach.
The results show that the Therapeutic Agreement in Halodoc is an anonymous
Agreement, which according to Article 1319 of the Civil Code is still subject to the
rules of Civil Law. The Therapeutic Agreement in Halodoc has fulfilled the
provisions of Article 1320 of the Civil Code concerning the requirements for a valid
agreement. The Therapeutic Agreement is implicitly contained in Law No. 17 of
2023 concerning Health, articles 273, 274, 276, 277. Exceptions to conditions that do
not require approval are regulated in Article 275 paragraphs 1 and 2, Article 293
paragraphs 9 and 10 and Article 295. Regarding consumer protection, there are
clauses that conflict with Article 18 of the UUPK such as clauses that burden users
and release of responsibility, Article 4 of the UUPK concerning consumer rights, and
Article 7 of the UUPK concerning the obligations of business actors. Violates the
provisions of the Health Law Article 276 concerning Patient Rights and 274
concerning the obligations of medical personnel and health workers.}
}