LEGAL POSITION OF INFORMED CONSENT IN CARRYING OUT MEDICAL ACTION BASED ON THE PRINCIPLES OF HUMAN RIGHTS IN THE FIELD OF HEALTH

ABSTRACT : In health services, patients have the right to know the treatment procedures, risks, and available treatment alternatives. Doctors are obliged to provide information regarding the medical actions to be carried out, their benefits, and risks. This process is called informed consent, which is the consent given by the patient or his/her family based on complete information regarding the medical action. This study aims to determine the legal position of informed consent in medical actions and how the principle of human rights is applied in the health sector. This study uses a qualitative method with a normative legal approach. The qualitative method aims to understand the phenomenon in depth through the collection of non-numerical data such as interviews, observations, and document analysis. Informed consent has a strong legal standing in medical practice in Indonesia, supported by various regulations such as Law No. 29 of 2004 concerning Medical Practice and Law No. 17 of 2023 concerning Health. This principle ensures that patients have the right to obtain complete information before agreeing to medical actions. If not implemented, doctors can face lawsuits, both civil, criminal, and administrative sanctions. In addition, informed consent is in line with the principles of Human Rights (HAM) such as autonomy, dignity, justice, and non-discrimination, ensuring that every patient has the same rights in medical decision-making.

Keywords : legal status, informed consent, medical action