Analysis of Legal Certainty of Informed Consent in Medical Actions Based on Law Number 17 Of 2023 at Tanjung Rejo Health Center

Abstract

Health services are part of the basic rights of society that must be fulfilled by the state, through a quality, safe health service system, and providing legal protection for patients and health workers. In medical practice, one of the important principles that must be fulfilled before carrying out medical procedures is the existence of informed consent or approval of medical procedures given by patients, after obtaining adequate information about the actions to be taken. This principle functions as a form of respect for patients' rights, as well as providing legal certainty for health workers in carrying out medical practices. However, in the condition of medical emergencies, health workers are often faced with situations that require rapid medical action to save patients' lives. In such circumstances, informed consent procedures cannot always be carried out completely as under normal conditions. This raises legal issues related to legal certainty for health workers who perform medical procedures without the prior consent of the patient 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 at the Tanjung Rejo Health Center, Deli Serdang Regency. This research uses an empirical legal research method with a legislative approach 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 consent in order to save patients' lives. However, in health service practice, obstacles are still found in the form of limited medical documentation, lack of public understanding of medical procedure procedures, and the application of operational standards of procedures related to informed consent that are not optimal