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p-Index From 2021 - 2026
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All Journal Healthy Tadulako Journal (Jurnal Kesehatan Tadulako)
Riki Zulfiko
Study Program of Law, Faculty of Law, Universitas Muhammadiyah Sumatera Barat, Padang, Indonesia
Dentistry Health Professions Medicine & Pharmacology Nursing Public Health

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Analysis of Legal Responsibility for Forged Informed Consent in Emergency Medical Procedures: A Comparative Study of Indonesian Court Verdicts Jessy Viranda; Riki Zulfiko
Healthy Tadulako Journal (Jurnal Kesehatan Tadulako) Vol. 12 No. 1 (2026)
Publisher : Faculty of Medicine, Universitas Tadulako

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22487/htj.v12i1.1819

Abstract

Background: Informed consent is a core ethical and legal principle in healthcare to safeguard patient autonomy. In emergencies, when consent cannot be obtained, legal limits for physicians become uncertain. An Indonesian case involving forged consent for an emergency caesarean section produced conflicting judgments between the District Court and the Supreme Court. Objective: This study analyzes regulation of informed consent in emergencies under Indonesian Law No. 17 of 2023 and compares legal reasoning of the Manado District Court and the Supreme Court. Methods: A normative legal research design was applied using comparative analysis of legal documents. Primary sources included Law No. 17 of 2023 on Health, the Indonesian Criminal Code, the Manado District Court verdict No. 90/PID.B/2011/PN.MDO, and the Supreme Court decision No. 365 K/PID/2012. Data were collected through literature review. Results: The District Court acquitted defendants by prioritizing the emergency context. Conversely, the Supreme Court convicted them, stressing criminal forgery and medical negligence contributing to patient death, supported by forensic evidence. Conclusion: The Supreme Court clarified that emergencies do not eliminate criminal liability for procedural violations such as forged consent. This decision reinforces obligations of healthcare professionals to comply with ethical and legal documentation standards during emergency care.
A Comparative Analysis of Medical Malpractice Law in Indonesia: Evaluating the Shift from Law No. 36 of 2009 to Law No. 17 of 2023 Friska Friska; Riki Zulfiko
Healthy Tadulako Journal (Jurnal Kesehatan Tadulako) Vol. 12 No. 1 (2026)
Publisher : Faculty of Medicine, Universitas Tadulako

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22487/htj.v12i1.1827

Abstract

Background: Health law is a critical branch of law governing legal relations in the health sector. Medical malpractice, arising from professional negligence that causes patient harm or death, reflects failures in healthcare delivery. Rising malpractice cases indicate public dissatisfaction and serious legal ethical challenges. Objective: This study analyzes regulatory changes on medical malpractice under Indonesia’s Health Law No. 17 of 2023 compared with Law No. 36 of 2009, focusing on shifts in legal protection between medical personnel and patients. Methods: This normative juridical research applies a statutory approach. Analysis compares key provisions on malpractice, dispute resolution, and sanctions in both laws. Data derive from primary legal materials and secondary sources, analyzed qualitatively. Results: Law No. 17/2023 introduces major changes: mandatory ethics council recommendations prior to investigation, compulsory restorative justice mechanisms, and reduced criminal sanctions for negligence causing disability or death. These provisions strengthen protection for medical personnel but create procedural barriers for patients seeking remedies, potentially weakening patient rights. Conclusion: Indonesia’s malpractice regime now favors medical professionals. Although intended to limit defensive medicine, the shift risks marginalizing patients and therefore requires stronger non-litigious patient protection mechanisms and a credible, independent ethics council to sustain justice and public trust.
Co-Authors Friska Friska Jessy Viranda