Research Horizon
Vol. 5 No. 6 (2025): Research Horizon - December 2025

Legal and Humanistic Approaches to Medical Procedure Refusal

Susilo, Dody Hendro (Unknown)
Jamaludin, Ahmad (Unknown)



Article Info

Publish Date
31 Dec 2025

Abstract

The refusal of medical treatment by patients, grounded in deeply held personal or religious beliefs, presents a profound legal and ethical dilemma, colliding with the healthcare professional’s fundamental duty to preserve life. This study analyzes this dilemma from both normative and humanistic perspectives. This study employs a qualitative, doctrinal methodology, synthesizing a literature review of national and international legal regulations, bioethics, health law, and academic sources published between 2013 and 2024. The analysis reveals three core findings: Patients possess a robust, legally protected right to autonomy and religious freedom; Healthcare professionals are bound by an equally compelling legal and professional obligation to provide care, particularly in emergencies; and a significant tension exists where rigid legal-formalistic solutions (normative) fail to address the underlying humanistic considerations of patient dignity. The study argues for an integrative normative-humanistic framework. This model reconciles the conflict by moving beyond legal formalism to emphasize therapeutic communication and participatory-dialogic solutions. This integration minimizes disputes by ensuring legal certainty for physicians while respecting patient dignity. This research concludes that this integrated approach is essential for providing just, ethical, and humane resolutions in multicultural societies.

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Journal Info

Abbrev

RH

Publisher

Subject

Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to make significant contributions to applied research and knowledge across the globe through the publication of original and high-quality research articles. It publishes original research articles, reviews, mini-reviews, case reports, letters to the editor, and commentaries, thereby ...