Analisis Yuridis terhadap Pelaksanaan Informed Consent dalam Perjanjian Terapeutik sebagai Pencegahan Malpraktik Medis di RSUD Sidikalang

Abstract

Health care services give rise to a legal relationship between doctors and patients, known as a therapeutic agreement, in which informed consent functions as consent to medical treatment as well as an instrument of legal protection. This study aims to analyze the regulation of informed consent within therapeutic agreements, examine its implementation procedures at Sidikalang Regional General Hospital, and assess the role of informed consent in preventing medical malpractice. This research employs a normative juridical method with a descriptive-analytical approach, using statutory and conceptual approaches. Data were collected through a literature review of statutory regulations and legal literature, supported by interviews with medical personnel, hospital management, and patients at Sidikalang Regional General Hospital. The results show that, normatively, informed consent is regulated under Law Number 17 of 2023 on Health, Minister of Health Regulation Number 290/MENKES/PER/III/2008 concerning Approval of Medical Actions, and the Indonesian Civil Code, and functions as an integral part of a therapeutic agreement characterized as an inspanningverbintenis. However, in practice, obstacles remain in the form of incomplete procedures and patients limited understanding. Therefore, the optimal implementation of informed consent plays a crucial role in preventing disputes and medical malpractice while enhancing legal protection for both doctors and patients.