ABSTRACT
Balance manifests the function of law as a means of controlling social life by balancing interests that exist in the community or as a means of social control. The term balance in health care cannot be separated from the lack of regulation on legal relationship among parties. Laws have ruled in such a way on protection of parties involved in the health care, particularly doctors and patients, who are legal subjects in the therapeutic relationship. The emergence of many medical disputes led to the court has provoked a defensive form of treatment of most doctors due to fear of being prosecuted in providing treatment and a sense of absence of balance legal protection that in the field of health care. In principle, the positive law of Indonesia has set up the principle of balance in health care. Officers of law enforcement need understanding in handling cases of medical disputes, in term of distinguishing acts if omission or medical errors, with medical risks, as well as other non-law factors. Therefore, renewal is necessary in the field of health law by the particular court dealing with medical disputes, and both doctors and patients gain balance legal protection that is balance for both.
