Juridical Study of the Implementation of Informed Consent in Guaranteeing Patients' Rights Based on Law Number 17 of 2023 concerning Health
Keywords:
Informed Consent, Protection of Patient Rights, Medical Malpractice.Abstract
The development of modern health services places patients as legal subjects who have fundamental rights to information, security, freedom to determine medical actions, and legal protection for every health service they receive. One of the main instruments in ensuring such protection is informed consent, which is the approval of medical measures given after the patient has obtained a complete explanation of the diagnosis, purpose of action, procedures, risks, benefits, and available medical alternatives. Law Number 17 of 2023 concerning Health provides a more comprehensive regulatory strengthening of the protection of patients' rights through regulations regarding the right to health information, approval of medical measures, the responsibility of medical personnel, and the obligations of health service facilities. This study aims to analyze the implementation of informed consent in ensuring the protection of patients' rights based on Law Number 17 of 2023, identify obstacles to its implementation, and assess its effectiveness in preventing medical disputes and malpractice. The research method used is descriptive with a normative and empirical juridical approach through the analysis of laws and regulations, health law doctrines, scientific literature, and health service practices. The results of the study show that although informed consent has become a mandatory procedure and has a strong legal basis, its implementation still faces various obstacles such as administrative formalities, limited patient understanding, information inequality, weak medical communication, and suboptimal institutional supervision. This condition has the potential to reduce the effectiveness of patient legal protection and increase the risk of legal disputes. However, the implementation of informed consent that is carried out in a substantive manner is able to provide legal protection for patients as well as medical personnel, maintain the patient's right to autonomy, and strengthen the legitimacy of medical actions. In conclusion, informed consent is a strategic legal instrument in the patient protection system in Indonesia, but its effectiveness requires national standardization, increased legal education and professional ethics, strengthening institutional supervision, and optimizing medical communication in order to realize health services that are fair, transparent, and oriented to patient rights.
References
. Arthanti, W. B. (2025). The Principle of Autonomy in Medical Practice in Indonesia: A Review of Ethics and Laws. Journal of Health Law and Ethics.
. Aspan, H. (2020). The Role of Legal History in the Creation of Aspirational Legislation in Indonesia. International Journal of Research and Review (IJRR), 7(6), 40-47.
. Aspan, H. (2022). Syaiful Asmi Hasibuan, Ari Prabowo (2022). Legal Protection for Trade Secret Holders under the Laws of the Republic of Indonesia Number 30 of 2000 on Trade Secrets. Saudi J. Humanities Soc Sci, 7(4), 149-154.
. Aspan, H., & Ginting, G. G. P. (2023). Legal counseling related to the provision of wages and incentives in the Medan City Market Center. Journal of Community Service Disciplines, 1(1), 5-8.
. Bahder Johan Nasution. (2017). Health Law: Doctors' Responsibility. Jakarta: Rineka Cipta.
. Beauchamp, T. L. (2011). Informed Consent: Its History, Meaning, and Present Challenges. Cambridge Quarterly of Healthcare Ethics, 20(4), 515–523.
. Beauchamp, T. L., & Childress, J. F. (2019). Principles of Biomedical Ethics (8th ed.). Oxford University Press.
. Erlen Enjelita Kikhau, Rudepel Petrus Leo, and Debi F. N. Fallo, "The Implementation of Informed Consent as an Effort to Protect the Legal for Medical Personnel and Patients," Journal of Business Law, 2023.
. Fitira, A., & Subekti, R. (2025). Informed Consent as Legal Protection for Doctors and Patients in Anticipation of Potential Medical Disputes in Hospitals. Proceedings of the National Seminar on Law.
. Fitriana, D. (2024). The Role of Informed Consent as Legal Protection for Doctors in Conducting Medical Procedures. Sinergi International Journal of Law.
. Flora, H. S. (2024). Informed Consent Function for Doctors and Patients in Medical Procedures. Fiat Justitia Journal.
. Frunză, A., & Sandu, A. (2017). Values Grounding the Informed Consent in Medical Practice: Theory and Practice. SAGE Open.
. Guwandi. (2019). Informed Consent and Informed Refusal in Medical Practice. Jakarta: FKUI Publishing House.
. Indina, F. (2024). Juridical Review of Medical Consent in the Perspective of Law Number 17 of 2023 concerning Health. Journal of Cahaya Mandalika, 3(1), 633–638.
. Indina, F. (2024). Juridical Review of Medical Consent in the Perspective of Law Number 17 of 2023 concerning Health. Mandalika Light Journal.
. Indina, Return. "Juridical Study of Informed Consent in the Perspective of Law No. 17 of 2023 concerning Health." Journal of Cahaya Mandalika, Vol. 3, No. 1, 2024.
. Irsyam Risdawati, Muhammad Donni Lesmana Siahaan. (2025). Health and Law in Society 5.0. Bekasi: PT Dewangga Energi International.
. Irsyam Risdawati. (2024). Informed Consent in Medical Practice with a Value of Justice Approach. Bekasi: PT Dewangga Energi International.
. Irsyam Risdawati. (2024). Introduction to Health Law Navigating Legal and Ethical Challenges in Health Services. Bekasi: PT Dewangga Energi International.
. Kikhau, E. E., Leo, R. P., & Fallo, D. F. N. (2023). Implementation of Informed Consent as a Legal Protection Effort for Medical Personnel and Patients. Journal of Business Law, 12(6).
. Kikhau, Erlen Enjelita, Rudepel Petrus Leo, and Debi F. N. Fallo. "Implementation of Informed Consent as a Legal Protection Effort for Medical Personnel and Patients." Journal of Business Law, Vol. 12, No. 6, 2023.
. Kusnadi. (2023). Informed Consent in a Legal Perspective. Journal Iuris Scientia, 1(1), 36–44.
. Mannas, Yussy A. "The Legal Relationship of Doctors and Patients and the Responsibilities of Doctors in the Implementation of Health Services." Journal of Legal Studies, Vol. 7, No. 2, 2019.
. Matippanna, A. (2022). Informed Consent. Journal of Pro Law, Gresik University, 11(4).
. Meher, C., Sidi, R., & Risdawati, I. (2023). The use of personal health data in the Big Data Era: Legal and policy challenges in Indonesia. Journal of Ners, 7(2), 864-870.
. Nasution, B. J. (2017). Health Law: Physician Accountability. Jakarta: Rineka Cipta.
. Niru Anita Sinaga, "The Legal Strength of Informed Consent and Medical Records as Evidence in Medical Dispute Resolution in Indonesia," Aerospace Law Scientific Journal, 2022.
. Notoatmodjo, S. (2018). Health Ethics and Law. Jakarta: Rineka Cipta.
. Nurzanah, I., Borman, M. S., & Handayati, N. (2024). Approval of Medical Actions as Legal Protection of Doctors and Health Workers in Health Services from a Criminal Law Perspective. Court Review: Journal of Legal Research, 4(4).
. Nurzanah, I., Borman, M. S., & Handayati, N. (2024). Approval of Medical Actions as Legal Protection of Doctors and Health Workers in the Perspective of Criminal Law. Court Review: Journal of Legal Research.
. Government Regulation Number 28 of 2024
. Rahim, I. S. (2016). Legal Protection of Patients in the Implementation of Informed Consent. Lex et Societatis.
. Rahmawati, N., & Kurniawan, A. (2024). The Effectiveness of Doctor-Patient Communication in the Implementation of Medical Action Approvals. Journal of Indonesian Medical Ethics.
. Sembiring, L., Aspan, H., & Bintang, H. J. (2023). Legal Protection For Consumers Of Parking Services Indonesia In Kabanjahe. LITERACY: International Scientific Journals of Social, Education, Humanities, 2(3), 32-42.
. Soekidjo Notoatmodjo. (2018). Health Ethics and Law. Jakarta: Rineka Cipta.
. Sukertayasa, I Made Alit, and A. G. P. Arjawa. "Legal Protection of Patients in Online Health Consultation Services." Indonesian Journal of Health Law, Vol. 3, No. 2, 2023.
. Suwito, P., Gultom, P., & Sudarto. (2024). Resolution of Medical Disputes Between Patients and Doctors Regarding Patient Surgery Actions by Doctors Related to Informed Consent. Journal of Intellectualita: Islam, Social and Science.
. Talahatu, Olivia, Dessy G. Paliyama, and Febby Manuhutu. "The Implementation of the Concept of Patient Centered Care Based on the Perspective of Patients and Nurses." Journal of Telenursing (JOTING), Vol. 5, No. 2, 2023.
. Tapada, M. F. L. (2018). The Position of Informed Consent between Doctors and Patients in Indonesian Criminal Law. Lex Crimen.
. Tom L. Beauchamp dan James F. Childress, Principles of Biomedical Ethics (New York: Oxford University Press, 2013).
. Law Number 17 of 2023 concerning Health.
. Widjaja, G., et al. (2025). The Obligation of Health Workers in Providing Informed Consent: A Review of the Ethical and Legal Literature. Zahra Journal of Health and Medical Research.
. Widjaya, Christine Elisia. "Development of Standards for Providing Information in the Informed Consent Process in Therapeutic Agreements." Perspective: A Study of Legal and Development Issues, Vol. 27, No. 1, 2022.
. Wirabrata, I. G. M. (2019). Juridical Review of Informed Consent in Legal Protection for Patients and Physicians. Journal of Legal Analysis.
. Wulandari, D. A. (2023). Patient Health Literacy and the Challenges of Implementing Informed Consent in Indonesia. Indonesian Journal of Health Law.
. Yussy A. Mannas, "The Legal Relationship of Doctors and Patients and the Responsibilities of Doctors in the Implementation of Health Services," Journal of Legal Studies, Vol. 7, No. 2 (2019).
Downloads
Published
Issue
Section
License
Copyright (c) 2025 Muhammad Chairul, Irsyam Risdawati; Henry Aspan
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
International Conference On Islamic Community Studies, Education and Science, its website, and the articles published therein are licensed under a 
