CIVIL LIABILITY OF HOSPITALS FOR TORT LAW OF SWAPPED BABIES: A COMPARATIVE ANALYSIS BETWEEN INDONESIA AND MALAYSIA

Sherlyta Ramadhani, . (2025) CIVIL LIABILITY OF HOSPITALS FOR TORT LAW OF SWAPPED BABIES: A COMPARATIVE ANALYSIS BETWEEN INDONESIA AND MALAYSIA. Jurnal Melayunesia Law, 9 (2). pp. 201-214. ISSN 2580-7455

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Abstract

This study examines the civil liability of hospitals in cases of swapped babies by comparing the legal frameworks of Indonesia and Malaysia, particularly in relation to unlawful acts under Indonesian civil law and the tort of negligence under Malaysian common law. This study aims to analyze how both legal systems define negligence, establish liability, and determine forms of compensation, as well as to assess the extent of hospital responsibility for failures in newborn identification procedures. The findings reveal that Indonesia requires proof of unlawful acts, fault, loss, and causation under Article 1365 of the Civil Code, while Malaysia applies the elements of duty of care, breach of duty, damage, and causation. Indonesia limits compensation to material and immaterial losses, whereas Malaysia provides broader remedies, including special, general, and aggravated damages. Both jurisdictions, however, emphasize hospital accountability for ensuring patient safety and compliance with identification standards. The novelty of this research lies in its direct comparison of civil liability for swapped-baby cases between a civil law system and a common law system, a topic that has received little academic attention, thereby offering new insights into strengthening legal protection and hospital governance in both countries.

Item Type:	Article
Additional Information:	[No. Panggil : 2210611199] [Pembimbing : Dwi Aryanti Ramadhani] [Penguji 1 : Rianda Dirkareshza] [Penguji 2 : Sulastri]
Uncontrolled Keywords:	Comparative Law, Swapped Babies, Unlawful Act
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	SHERLYTA RAMADHANI
Date Deposited:	17 Mar 2026 02:58
Last Modified:	17 Mar 2026 02:58
URI:	http://repository.upnvj.ac.id/id/eprint/42518

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