Informed Consent in Indonesia

Abstract

This study aims to determine the relationship between malpractice prevalence and patient's ignorance of the right to information, as well as obstacles that affect the implementation of the right to information, including how alternatives can be used to overcome obstacles in order to protect the interests of patients as recipients of health services and provide legal certainty to paramedics/doctors who provide health services. This research is normative legal research which is descriptive-analysis by using statute approach, comparative approach and conceptive approach. The results of the study found that therapeutic transactions were agreements between physicians and patients in the form of legal relationships that gave birth to rights and obligations for both parties. Information on medical action should be given to the patient, whether requested or not requested by the patient. Holding information should not, unless the physician judges that the information may harm the health of the patient. While the legal protection for the patient in relation to one of the rights of the patient that is the right to information of the patient can be found in some of the provisions in force in Indonesia, among others; Law of the Republic of Indonesia Number 8 Year 1999 regarding Consumer Protection, Decree of the Executive Board. IDI Number 319/PB/A4/88, Government of the Republic of Indonesia Regulation Number 32 Year 1996 regarding Paramedics, and Law of the Republic of Indonesia Number 29 Year 2004 regarding Medical Practice. Constraints in the delivery of information is a problem of language use difficult to understand by the patient, the limit on the amount of information that can be given is not clear.

Keywords: Informed Consent, Malpractice, Patient Information Right, Paramedics, Legal Protection