Juridical Review of Approval of Medical Actions (Informedconsent) Based on Law Number 17 2023 Concerning Health as a Replacement of Law Number 36 of 2009

Authors

  • Franky Kurniawan Program Study Magister Hukum Kesehatan, Pascasarjana UNPAB, Indonesia

Keywords:

Informed Consent, Legal Protection

Abstract

Along with increasing legal awareness among the general public, aspects of legal protection have become the center of attention in the health legal structure in Indonesia. Law Number 17 of 2023 concerning Health, which replaces Law Number 36 of 2009, represents a significant change in the legal framework for health in Indonesia. One of the main focuses of the implementation of this law is providing consent for medical procedures (informed consent ), which is considered a legal protection tool for patients. Therefore, the aim of this research is to evaluate the provisions for providing informed consent in Law Number 17 of 2023 and their alignment with expert opinions. This research uses a normative juridical analysis method by examining the documents of Law of the Republic of Indonesia Number 17 of 2023 concerning Health. This legal review was carried out by referring to several legal materials and expert views. The research results show that Law Number 17 of 2023 establishes a stronger basis than the previous Law for the implementation of informed consent. Informed consent is explained as an obligation of medical personnel and a patient's right, with an emphasis on providing comprehensive information, before taking action. This change reflects a response to unequal access to health services and the need to strengthen the national health system, especially in emergency situations, Extraordinary Events (KLB), or epidemics. Manychanges to informed consent regulations are in line with the opinion of several experts that informed consent should be based on prima facie principles , namely autonomy , beneficence , non-maleficence and justice.

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Published

2024-05-05

How to Cite

Franky Kurniawan. (2024). Juridical Review of Approval of Medical Actions (Informedconsent) Based on Law Number 17 2023 Concerning Health as a Replacement of Law Number 36 of 2009. Proceedings : International Forum Research on Education, Social Sciences Technology and Humanities, 1(2), 47–52. Retrieved from https://journal.berpusi.co.id/index.php/POE/article/view/804