Abstract: Social right in health service is a basic right that is based on human rights. In health service, this right is manifested in the form of social right to get the optimum degree of health such as a right of health care to the poor. The government is obliged to preserve this right and manifest it into policies of health services. Some acts are issued such as Act No. 36/2009 on health and the regulation that particularly regulate this matter, namely public health ministerial decree; Act No. 44/2009 on hospital is factually the forms of the government’s obligation that accommodate the social right in health service, especially in the social function. The methods of socio legal approach are chosen with the qualitative analysis because the main problems of the research are the social aspect of hospital service to influence the regulation (legal aspect) of hospital health services to the poor. However, in health service, the social function of hospital fulfillment tends to move to the commercial function. The multiplier effect of hospital services quality ensure was higher cost needed because of medical technology, professional keeper aims and other hospital facilities need higher costs too. Therefore, there is a dilemma between an obligation to hospital social function and the hospital services quality ensure. The dilemma has impact to the patient’s right on health care particularly the right of the poor’s health care. Whereas the individual right to get health service (in hospital) is also a basic right that is based on human rights. This right should be respected and highly supported as it is entrusted by the act. The crash of these interests requires gives priority to the social interests over the business interests. This means that hospital health service as entrusted by the act is required to be higher carrying to the poor patient’s in order to prevent the social function of hospital health services from being contaminated by commercial services.