pdf Legal Protection of Patients and Physicians through Informed Consent in Health Care Services

Abstract

Informed consent constitutes a fundamental legal instrument in healthcare services, functioning as both a mechanism for patient legal protection and a source of legitimacy for medical interventions. Although it has been formally regulated under Law Number 17 of 2023 on Health, its practical implementation continues to face significant juridical challenges. This study aims to examine the legal construction of informed consent, identify obstacles in its implementation, and formulate a conceptual framework for strengthening informed consent within healthcare services.

This research employs a normative juridical method using statutory and conceptual approaches. The findings indicate that while the normative regulation of informed consent is relatively adequate, its implementation remains predominantly administrative in nature and fails to fully ensure patient understanding and autonomy. This gap is influenced by weak procedural standardization, suboptimal doctor–patient communication, and the persistence of paternalistic practices in healthcare delivery.

The study concludes that strengthening informed consent requires a conceptual reconstruction that positions it as a substantive legal communication process grounded in respect for patient autonomy. Such an approach is essential to enhance legal certainty, prevent medical disputes, and promote equitable healthcare services.