Standardization of Hospital Bylaws for the Legal Protection of Medical Professionals, Health Professionals, and Patients

Abstract

This study examines the implementation of hospital bylaws across three hospitals affiliated with the Association of Nahdlatul Ulama Islamic Hospitals to develop a standardization model ensuring balanced legal protection for health workers, patients, and institutions. This normative legal research uses statutory, conceptual, and comparative approaches. Primary legal materials include Law Number 17 of 2023, Government Regulation Number 28 of 2024, Minister of Health Regulation Number 6 of 2026, and internal regulatory documents from Unipdu Medika Hospital, Surabaya Jemursari Islamic Hospital, and Sakinah Mojokerto Islamic Hospital. The analytical framework utilizes legal mapping, substantive coding, document comparison, and prescriptive synthesis. Findings indicate that all three hospitals have regulatory frameworks that vary significantly in procedural depth. Identified institutional gaps primarily involve legal updates, professional credentialing, patient rights, complaint mechanisms, legal assistance, risk management, and audit indicators. The recent promulgation of Minister of Health Regulation Number 6 of 2026 fundamentally strengthens these bylaws as the absolute basis for all internal clinical and corporate policies. Addressing these regulatory disparities, the research proposes a seven-layer Integrative HBL-ARSINU Model. This comprehensive framework integrates legal compliance, corporate governance, clinical governance, professional governance, patient rights and safety, legal risk and dispute resolution, and continuous improvement. Implementing this standardization model establishes auditable minimum operational requirements while preserving each hospital's unique institutional identity.

Keywords: Hospital Bylaws; Legal Protection; Hospital Governance; Patient Safety; ARSINU.