Perlindungan Hukum terhadap Pasien dalam Mendapatkan Informed Consent (Studi pada Poli Bedah Umum Rumah Sakit Umum Daerah Tgk. Chik Ditiro Sigli)

Abstract

This research is motivated by the importance of legal protection for patients as users of healthcare services, particularly in the practice of Informed Consent. Informed Consent is a fundamental right of patients to approve medical procedures after receiving complete information. At RSUD Tgk. Chik Ditiro Sigli, the implementation of Informed Consent still faces challenges, such as insufficient information provided to patients, weak communication with medical personnel, and minimal legal oversight. These issues pose risks of legal violations and may reduce the quality of healthcare services. This study formulates three main research questions: how is the legal regulation of Informed Consent governed under the Indonesian Civil Code (KUHPerdata) and Law No. 17 of 2023? What are the obstacles and efforts of RSUD Tgk. Chik Ditiro Sigli in its implementation? How is legal protection for patients manifested in the context of Informed Consent? This research employs an empirical juridical method with a descriptive qualitative approach. Primary data were obtained through direct interviews with medical personnel and the distribution of questionnaires to surgical patients at RSUD Tgk. Chik Ditiro Sigli. Secondary data were collected through literature studies, including statutory regulations, legal literature, and official hospital documents. The aim of this research is to analyze the relationship between legal norms and their implementation in the context of protecting patients’ rights through the application of Informed Consent. The results of the study indicate that the legal regulations regarding Informed Consent in the Indonesian Civil Code and Law No. 17 of 2023 are already quite comprehensive. However, their implementation remains suboptimal due to various obstacles, such as limited legal understanding among medical personnel, lack of patient education, and the absence of a structured evaluation mechanism. Field findings reveal that there are still patients who do not receive sufficient information or are not given the opportunity to ask questions before signing the Informed Consent, which potentially leads to legal harm and violations of patients’ fundamental rights. The hospital has undertaken several efforts, such as training medical personnel and developing standard operating procedures (SOPs), but these measures have not fully addressed all aspects of implementation. The conclusion of this research is that legal protection for patients in the provision of Informed Consent needs to be strengthened, both in terms of regulation and practical implementation. The hospital should enhance the capacity of medical personnel, improve medical communication systems, and encourage active patient involvement in medical decision-making. Legal enforcement and oversight of Informed Consent practices must also be carried out to ensure the delivery of high-quality, transparent, and equitable healthcare services.