Open AccessLegal Consequences of The Absense of Informed Consent in Therapeutic Transactions
Author(s) -
Vicia Sacharissa
Publication year - 2020
Publication title -
mulawarman law review
Language(s) - English
Resource type - Journals
eISSN - 2527-3485
pISSN - 2527-3477
DOI - 10.30872/mulrev.v5i1.296
Subject(s) - informed consent , lawsuit , action (physics) , normative , law , perspective (graphical) , psychology , political science , medicine , alternative medicine , computer science , physics , pathology , quantum mechanics , artificial intelligence
A person's right to their own body is one of the human rights protected under the right to self-determination,1 and this protection also applies to patients seeking treatments. The process of giving information by the doctor, which is then followed with the consent to medical action by patient, is known as informed consent. In Indonesia, the protection of such right is contained in various laws and regulations. This is a descriptive legal research, with normative-judicial or library research method and qualitative data analysis. The discussion covers topics regarding therapeutic transaction as a form of agreement, the presence of informed consent in therapeutic transactions, and the consequence of the absence of informed consent from the perspective of civil law. It is also supplemented with case decision study on Case Decision No. 3203 K/Pdt/2017 which proves that the lack of informed consent is a legitimate ground for a lawsuit.