The Legal Status of Informed Consent and Informed Choice in Medical Civil Law

Abstract

This study aims to analyze the legal status of informed consent and informed choice within the framework of medical civil law in Indonesia, from both legal-theoretical and clinical practice perspectives. Employing a normative and empirical juridical approach, the research examines statutory regulations, legal literature, and selected case studies of medical disputes related to patient consent and decision-making. The findings indicate that informed consent functions as a formal legal prerequisite for the validity of medical interventions, serving as a safeguard for both patients and healthcare providers against potential legal disputes. In contrast, informed choice emphasizes the patient’s substantive right to autonomous and well-informed decision-making, reflecting the principles of self-determination and respect for human dignity in healthcare. Although distinct in function, both concepts possess complementary legal standing and jointly constitute a foundational element of patient rights in medical practice. Violations of either informed consent or informed choice may give rise to civil liability for medical professionals, including claims based on negligence or unlawful acts under civil law. From a practical standpoint, this study underscores the necessity of strengthening documentation mechanisms, enhancing doctor–patient communication, and improving continuous legal and ethical training for healthcare professionals to ensure the consistent and effective implementation of these principles in clinical settings.