As-Syirkah: Islamic Economic & Financial Journal
Vol. 3 No. 3 (2024): As-Syirkah: Islamic Economic & Financial JournalĀ 

Perbandingan Pengaturan Tata Hukum Antara Indonesia dan Amerika Serikat

Siregar, Barly Harly (Unknown)
Fadhil, Rahmad (Unknown)
Kutub, Sayyid (Unknown)
Sarah, Aulia (Unknown)
Hasibuan, Mutiah Aminarti (Unknown)
Syahputri, Tri (Unknown)
Dewi, Delima Puspita (Unknown)
Harahap, Muthia Sartika (Unknown)
Rahma, Hidayatul (Unknown)
Siregar, Risnawati (Unknown)
Andini, Tatya Zahra (Unknown)
Siregar, Haiqal Rahman (Unknown)



Article Info

Publish Date
02 Sep 2024

Abstract

Perhaps the most important development in patients' rights has been that in Indonesia and the United States regarding the doctrine of informed consent. Embracing the Continental European legal system, the doctrine of informed consent in Indonesia is articulated in Law No. 36 of 2009 on Health, Government Regulation No.32 of 1996 on Health Worker, Law No.29 of 2004 on Medical Practice, and Law No. 8 of 1999 on Consumer Protection. It is also specifically regulated by Health Ministerial Decree No. 29 of 2008 regarding Medical Action Approval. This doctrine requires physicians to share certain information with patients before asking for their consent to treatment. The Court in the United States of America used the term of informed consent to describe the physicians obligations to provide information. The legal consequences if informed consent is not given, it is considered as an act of abuse (intentionally) to the patient. According to Rule of law in the United States that physicians have to open all the information about all the necessary facts, so that patients can determine appropriate treatment options. Tort Law in Anglo-Saxon legal system, similar to "act against the law" in the Continental European legal system. This article examines a comparative study of informed consent in the Indonesian Health Laws and regulations and those of the United States.

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Journal Info

Abbrev

assyirkah

Publisher

Subject

Religion Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Other

Description

As-Syirkah: Islamic Economic & Financial Journal is a scientific journal published by Ikatan Dai Indonesia (IKADI) in collaboration with Masyarakat Ekonomi Syariah (MES) and Intellectual Association for Islamic Studies (IAFORIS). This journal contains scientific papers from academics, researchers ...