Pertanggungjawaban Pidana terhadap Dokter yang Melakukan Penanganan Medis Pasien Gawat Darurat Tanpa Informed Consent (Studi di RSUD Haji Abdul Manan Simatupang Kisaran)

Abstract

Criminal Liability of Doctors in the Management of Emergency Patients at RSUD Haji Abdul Manan Simatupang, Kisaran, with a focus on situations where medical action consent (informed consent) cannot be obtained. The issues examined are how Indonesian criminal law regulates doctors in providing emergency medical care, what obligations doctors have in obtaining informed consent in emergency conditions, and what criminal liability applies to doctors who provide emergency medical care without informed consent at RSUD Haji Abdul Manan Simatupang, Kisaran. The research method used is normative juridical with support from empirical data. Primary data were obtained from interviews at RSUD Haji Abdul Manan Simatupang, while secondary data were collected from legislative regulations such as the Criminal Code (KUHP) and the Health Law. The research results indicate that, legally, medical actions without informed consent in emergency situations cannot be criminally prosecuted, as long as these actions are carried out in accordance with professional standards, medical procedures, and solely intended to save the patient's life. Criminal liability can only be imposed if there is evidence of gross negligence (culpa lata) or actions taken in bad faith that result in harm or death to the patient. At Haji Abdul Manan Simatupang General Hospital in Kisaran, the emergency handling mechanism has followed hospital protocols and applicable laws and regulations. In conclusion, in emergency situations, doctors have the authority to perform medical actions without informed consent for the safety of the patient, and this does not result in criminal liability as long as caution and professionalism are maintained. This study recommends the importance of improving legal understanding for medical personnel to avoid hesitation in making emergency medical decisions.