The hospital as one of the public service facilities in the health sector, improves the
health status of the community with the availability of quality health services that
can be accessed by every community. The writing of this thesis focuses on a criminal
liability of a hospital that refuses an emergency patient. With the formulation of the
problem, what is the responsibility of hospitals that refuse emergency patients
based on criminal law? And what are the factors that cause refusal of emergency
patients at the hospital?. Writing this thesis using the method of writing normative
law. The data that has been obtained is processed and analyzed and then presented
in a qualitative descriptive manner, namely explaining, describing, and describing
according to the problems of this research. Based on the research and analysis, it
can be concluded that the hospital's criminal responsibility as a legal entity when
refusing medical services to emergency patients can be charged to the director
and/or health workers in the hospital with criminal sanctions in the form of fines to
the hospital and/or imprisonment for hospital administrator. This is based on the
form of corporate responsibility, so the management is responsible. Criminal
provisions that can be applied to hospitals that refuse to provide medical services
to emergency patients are Article 304 of the Criminal Code and Article 531 of the
Criminal Code. As well as the criminal provisions of Article 190 paragraphs (1)
and (2) of Law Number 36 Year 2009 concerning Health.