Implementation of Informed Consent to Ensure the Protection of Patient Rights Based on Law Number 17 of 2023 Concerning Health

Abstract

The development of modern healthcare services positions patients as legal subjects who have fundamental rights to information, security, freedom to determine medical treatment, and legal protection for every healthcare service they receive. One of the main instruments in ensuring this protection is informed consent, namely approval for medical treatment given after the patient has received a complete explanation regarding the diagnosis, purpose of the treatment, procedures, risks, benefits, and available medical alternatives. Law Number 17 of 2023 concerning Health provides more comprehensive regulatory strengthening for the protection of patient rights through regulations regarding the right to health information, consent to medical treatment, the responsibilities of medical personnel, and the obligations of healthcare facilities. This study aims to analyze the implementation of informed consent in ensuring the protection of patient 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 juridical and empirical approach through analysis of legislation, health law doctrine, scientific literature, and healthcare practices. The study results 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 gaps, weak medical communication, and suboptimal institutional oversight. These conditions have the potential to reduce the effectiveness of legal protection for patients and increase the risk of legal disputes. However, the substantive implementation of informed consent can provide legal protection for both patients and medical personnel, safeguard patients' rights to autonomy, and strengthen the legitimacy of medical procedures. In conclusion, informed consent is a strategic legal instrument in the patient protection system in Indonesia.