Jurnal Bina Mulia Hukum
Vol. 5 No. 1 (2020): Jurnal Bina Mulia Hukum Volume 5 Nomor 1 September 2020

THE LEGAL CAPACITY IN CONTRACT FOR MEDICAL TREATMENT (THE COMPARATIVE STUDY BETWEEN INDONESIAN LAW, DUTCH LAW, AND ENGLISH LAW)

Sri Ratna Suminar (Fakultas Hukum Universitas Islam Bandung)
Yoni Fuadah Syukriani (Fakultas Kedokteran Universitas Padjadjaran)
U Sudjana (Faculty of Law, Universitas Padjadjaran)
Efa Laela Fakhriah (Faculty of Law, Universitas Padjadjaran)



Article Info

Publish Date
23 Sep 2020

Abstract

This article aims to determine the criterion of legal capacity of a patient in a contract for medical treatment and the legal consequences of a contract for medical treatment made by a minor. This article uses a normative juridical research method with a law approach and the data sources used are obtained from literature studies and document studies, and study results showed that there is a similar criterion for determining whether a patient is competent or not in giving consent for medical treatment between Indonesian law and Dutch law that is based on a legally fixed age. However, based on Dutch law, the age of legal capacity to consent for medical treatment differs from the age of legal majority. Meanwhile, English law uses mixed approaches to determine a minor capacity in giving consent for medical treatment that is based on the age and competence of a minor. Furthermore, according to Indonesian Law, a contract for medical treatment made by minors is voidable, whereas according to Dutch Law and also English Law any contract for medical treatment made by minors is legally binding.

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Journal Info

Abbrev

JBMH

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Jurnal Bina Mulia Hukum (JBMH) publishes peer-reviewed public and private law articles from scholars, policy makers, and legal practitioners. The majority parts of the journal focus on national related issues; other parts focus on comparative and transnational law issues, to stand on Indonesian ...