LEGAL ASPECTS OF INFORMED CONCENT IN HEALTH SERVICES
Keywords:
Informed Consent, Health Law, Patient Rights, Medical ResponsibilityAbstract
Informed consent is one of the main pillars in legal protection for patients in health services. Consent given by patients after obtaining adequate, honest, and understandable information about the medical action to be taken, is a legal and ethical requirement for every medical intervention. In the context of Indonesian law, the regulation regarding informed consent has been explicitly regulated in Law Number 29 of 2004 concerning Medical Practice, Law Number 17 of 2023 concerning Health, and Regulation of the Minister of Health Number 290 of 2008 concerning Consent to Medical Actions. This study uses a normative juridical method with a conceptual and legislative approach, aiming to examine how legal regulations regarding informed consent are applied in medical practice, as well as the form of legal accountability of medical personnel if there is a violation of the procedure.
The results of the study show that although the legal framework on informed consent in Indonesia is quite comprehensive, its implementation in the field still faces various obstacles, ranging from the lack of understanding of medical personnel regarding their legal obligations, weak patient education, to minimal supervision and law enforcement. Violation of the informed consent procedure can result in legal liability in three areas at once: civil, criminal, and administrative. Therefore, there needs to be a policy reformulation that is more adaptive to the development of health technology and increased legal literacy for both patients and health workers, in order to make informed consent a substantive legal protection instrument in national health service practices
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