Legal Review of the Implementation of Informed Consent in Emergency Medical Situations Based on Law Number 17 of 2023

Abstract

Health services are part of the basic rights of the community that must be fulfilled by the state through a quality, safe, and legal protection system for patients and health workers. In medical practice, one of the important principles that must be met before medical action is informed consent or approval of medical actions given by patients after obtaining adequate information about the action to be performed. This principle serves as a form of respect for patients' rights as well as providing legal certainty for health workers in carrying out medical practices. But in emergency situations, healthcare workers are often faced with situations that require quick medical action to save patients' lives. In such circumstances, the informed consent procedure cannot always be carried out as fully as under normal conditions. This raises legal issues related to legal certainty for health workers who perform medical procedures without prior consent from patients or their families. This study aims to analyze the legal certainty of the implementation of informed consent in medical actions based on Law Number 17 of 2023 concerning Health and to find out its application in Puskesmas. This study uses an empirical legal research method with a legislative approach and a field approach. Data were obtained through interviews with health workers, observations of medical service practices, and literature studies on laws and regulations and related literature. The results of the study show that Law Number 17 of 2023 provides a legal basis for health workers to carry out medical actions without prior approval in emergency conditions in order to save patients' lives. However, in the practice of health services, obstacles are still found in the form of limited medical documentation, lack of public understanding of emergency medical procedures procedures, and the implementation of standard operating procedures related to informed consent in emergency conditions.