PENERAPAN HUKUM PERSETUJUAN TINDAKAN MEDIS ( INFORMED CONSENT) BEDAH PADA RUMAH SAKIT X DI JAKARTA

Abstract

Informed consent is very important to all the parties in medical services. It forms usually found as a standardform from the hospital, to make it easier to fill and fulfill the juridical standards, so it could be used as a proofin case of a dispute. Basically that informed consent should embody clauses from the Law number 29 Year 2004about The Medical Practice, and Ministerial Decree number 585 Year 1989 about Medical Act Approval andfulfill aspect article 1320 and 1321 Indonesian Civil Code, as the patient has the rights over his/her body andthe doctor should give respect it.Juridical, the procedures has running well but there are still some problem regarding the information beinggiven to the patient and the lack of understanding concerning rights and obligations of the patients. Thisresearch has shown that the informed consent has gone well as nobody sue the hospital, but there are stillshould be some focus on how the information should be given.It was found that there are no authentic in this case. There should be at least the doctor performing the medicalact, the patient, and the nursing unit, and the family of the patient. Now there is only family of the patient andthe nursing unit. This not comply with the number 29 Year 2004 on Medical Practice , as there should bediagnosis, procedures , objectives, alternatives and risk, complications, and prognosis of any medical act. Thedoctor could be sued base on article 1365 and 1366 Indonesian Civil Code. It is recommended that thehospital should improve the informed consent.Key words : informed consent