International Journal of Science and Society (IJSOC)
Vol 7 No 2 (2025): International Journal of Science and Society (IJSOC)

Legal Analysis of Legal Power and Legal Protection in Informed Consent Practices in High-Risk Surgical Procedures in Hospitals

Ediyanto (Unknown)
Markoni (Unknown)
Kanthika, I Made (Unknown)
Asri, Dyah Permata Budi (Unknown)



Article Info

Publish Date
28 Jun 2025

Abstract

This research examines the legal force and protective function of informed consent in high-risk surgical procedures, focusing particularly on the latest regulatory framework in Indonesia as stipulated by Law Number 17 of 2023 concerning Health. Currently, there is a notable absence of specific scholarly examination addressing this issue comprehensively. Although the regulation clearly defines patients’ rights to comprehensive medical information and mandates healthcare providers to deliver it transparently, practical ambiguities remain regarding the extent of informed consent’s binding legal authority and effectiveness in providing legal protection for both patients and medical professionals. Employing a normative juridical approach with descriptive-analytical methods, the study is primarily based on literature review and analysis of relevant Supreme Court decisions. The central objective of this research is to evaluate the legal enforceability and protective role of informed consent within the context of high-risk surgical treatments. The findings reveal that informed consent possesses substantial legal force derived from contractual principles established between patients and healthcare providers, thereby ensuring mutual legal protection during high-risk medical procedures. Informed consent encompasses preventive measures that aimed at averting potential disputes through clear communication, and repressive measures, which offer legal remedies in cases of violation, thus strengthening accountability and legal certainty within healthcare services.

Copyrights © 2025






Journal Info

Abbrev

ijsoc

Publisher

Subject

Materials Science & Nanotechnology Social Sciences

Description

International Journal of Science and Society (IJSOC) is open access and peer-reviewed journal with e-ISSN (2715-8780), IJSOC is an international journal devoted to the study of science and technology in a social context. It focuses on the way in which advances in science and technology influence ...