Juridical Analysis of Informed Concent and Ownership Rights Reviewed from Law No 17 of 2023 Concerning Health
Keywords:
Informed consent, Ownership Rights, Medical RecordsAbstract
This research aims to analyze informed consent in the context of Indonesian health law, specifically referring to Law No. 17 of 2023 concerning Health. Informed consent, which is consent given by the patient after receiving sufficient information, is a critical aspect of medical practice. This research examines the legal and ethical implications of informed consent and its ownership rights in medical records. This study uses normative juridical analysis methods, reviewing relevant legislation, literature and legal documents. The focus is on the interpretation of legal norms related to informed consent and analysis of cases related to medical records in health services. With a focus on discussing how to implement informed consent in health practice in terms of legal and ethical aspects according to Law No. 17 of 2023? How are ownership rights of medical records containing informed consent regulated?. Research shows that informed consent is not only a moral and ethical obligation, but also a legal one, which is strengthened by Law No. 17 of 2023 concerning Health. Effective implementation of informed consent is essential in respecting patient autonomy and preventing malpractice. Medical records, which include informed consent , are the property of the health facility but with access rights for the patient. This research emphasizes the importance of clarity and comprehensiveness of information conveyed to patients as well as regulating rights to medical records to guarantee patient rights and the responsibilities of health facilities. Health institutions should increase awareness and training about the importance of informed consent . There is a need to develop clear standards regarding the delivery of information and documentation of consent in medical records. Governments and health institutions need to ensure that relevant laws and regulations are implemented effectively to protect patient rights and ensure ethical medical practice.
References
Amelin, Fred. (1991). Capita Selecta Medical Law, First Printing. Jakarta: Graphicatama Jaya.
Anggraeni Endah Kusumaningrum. (2018). Human Rights Implementation Health Service. Surakarta Law And Society Journal, 1(1).
Armanda Dian Kinanti, Dika Arum Permatasari, Dita Clara Shinta. (2015). Urgency
Endang Kusuma Astuti. (2009). Therapeutic Transactions in Medical Service Efforts in Hospitals. Bandung: PT Citra Aditya Bakti.
Guandi, J. (2004). Medical Law (Medical Law). Jakarta: Faculty of Medicine, University of Indonesia.
Guwandi, J. (2006). Informed consent and Informed Refusal, Edition VI. Jakarta: Publishing House, Faculty of Medicine, University of Indonesia. Informed Consent Mechanism to Prevent Claims
Law of the Republic of Indonesia no. 17 of 2023 concerning Health.
Law of the Republic of Indonesia no. 29 of 2004 concerning Medical Practice.
Listyaningrum, Novita. (2016). Informed consent in the Protection of Doctors Who Perform Euthanasia. Law Journal, Faculty of Law, University of 45 Mataram.
Malpractice in Therapeutic Agreements. Private Law, III(2).
Muhammad Syahri Ramadhan, Yunial Laili Mutiari & M Zainul Arifin, Fadillah Mursid. (2020). Implementation of the Legal Principles of Therapeutic Agreements and Informed Consent . Law Journal, 18(1).
Nur Ami Azyati. (2004). Analysis of the Substance of the Medical Treatment Consent Agreement. Jakarta: Faculty of Law, Brawijaya University.
Purwadianto, A. (2017). Ethics and Law in Medical Practice. EGC Medical Book Publishers.
Ratna, N. (2016). Legal and Ethical Aspects in Informed Consent . Journal of Bioethics & Health Humanities.
Republic of Indonesia Minister of Health Regulation No. 290/Menkes/Per/III/2008 concerning Approval of Medical Procedures
Susila, Muh. Endriyo. (2017). The Importance Of Informed Consent In The Practice Of Medicine: An Indonesian Perspective. Legal Media Journal, 17(2). https://doi.org/10.18196/jmh.v17i2.15481.
Suyono, B. (2018). History and Development of Informed Consent in Medical Practice. Journal of Law & Development.
