Protection of Doctors and Patients in Implementing Informed Consent Based on Justice Value

  • Anis Mashdurohatun, Irsyam Risdawati, Hendro Sucipto, Mahmutarom HR


The birth of the law on medical practice is intended to provide protection to patients, maintain and improve the quality of medical services provided by doctors and dentists. Nevertheless, it has caused the pros of cons in society and the medical profession, especially in relation to the criminal provisions in the Medical Practice Act which is perceived as the criminalization of the average doctors. This study aims to analyze the protection of doctors and patients in carrying out informed consent, analyze the factors that influence the implementation of informed consent and reconstruct the protection of doctors and patients in carrying out informed consent based on justice  values. The method of approach in research using social legal research approaches. This research uses primary and secondary data. The data will be analyzed using the interactive models expressed by Mattew B. Miles and A. Michael Huberman. The conclusion in this study is to reconstruct provisions of Article 45 paragraph 1 of the Law of the Republic of Indonesia number 29 the year 2004 concerning the practice of medicine and Article 2 paragraph 1 Minister of Health Regulation number 290/ Minister of Health /PER/III/2008 on the approval of medical action.