A Juridical Analysis of Legal Protection for the Parties Involved in the Cooperation Agreement for the Establishment of PT Sanford Health Indonesia in Medan City

Abstract

The establishment of healthcare facilities by the private sector represents active participation in ensuring public access to quality medical services. However, collaborations regarding the establishment of health clinics often encounter legal challenges, particularly concerning legal certainty and the protection of contractual rights. This study aims to analyze the legal framework governing agreements for establishing healthcare facilities in Indonesia, examine the implementation of legal protections for the parties involved, and analyze the obstacles and execution efforts regarding the clinic establishment cooperation agreement involving PT Sanford Health Indonesia in Medan City. The study employs both normative-juridical and empirical-juridical approaches. Data were obtained through the study of statutory regulations and legal literature, as well as primary data derived from interviews with the parties involved in the collaboration and field observations. The findings indicate that although the cooperation agreement was drafted as a legally valid authentic deed, issues such as clause ambiguity, divergent interpretations, and administrative hurdles persisted and hindered implementation. Through strategic measures such as revising the agreement via addenda, securing legal counsel, and strengthening dispute resolution clauses the parties were able to maintain a stable collaborative relationship and ensure proportionate legal protection. The study recommends that the parties involved actively engage legal experts from the initial drafting stage through to implementation. This ensures that every clause particularly those regarding the allocation of rights and obligations as well as dispute resolution is drafted clearly, proportionately, and without ambiguity, thereby providing optimal legal protection for all parties.