LEGAL POSITION OF INFORMED CONSENT IN THE FIELD OF CIVIL AND CRIMINAL MEDICAL LAW
Keywords:
Legal Status, Informed Concent, Medical CrimeAbstract
Informed consentis a crucial element in medical services that provides legal protection for both parties, namely patients and doctors. In the criminal realm, informed consent protects medical personnel from accusations of abuse or malpractice, while in the civil realm, informed consent is evidence of fulfillment of legal and ethical obligations and the basis for protection against claims of breach of contract or unlawful acts. The informed consent process involves aspects of ius contractu and ius delicto in civil law, which establish the basis for the rights and obligations between doctors and patients. In addition, this process also regulates legal responsibility in cases of violation of legal norms. In the context of criminal law, the principle of legality requires valid consent and comprehensive information, in accordance with the provisions of Article 274 and Article 293 of Law No. 17 of 2023. This study uses a normative juridical approach that only examines library research or document studies that refer to legal rules in the order of statutory regulations and principles in applicable law in Indonesia using the Qualitative Descriptive Analysis method.
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