JURMA YUSTISI
Vol. 4 No. 1 (2026)

Towards A Progressive Health Law Paradigm: A Philosophical And Juridical Reconstruction Of The Informed Consent Concept In Indonesia

Hertanto, Yudhi (Unknown)



Article Info

Publish Date
01 Apr 2026

Abstract

The implementation of the informed consent doctrine in Indonesia is frequently trapped in rigid administrative texts and juridical formalism, which consequently overlooks the essence of patient autonomy. The enactment of Law Number 17 of 2023 concerning Health necessitates a conceptual repositioning of medical treatment consent. This study aims to reconstruct the concept of informed consent through the lens of Progressive Law and Bioethics to establish a balance between patient autonomy and legal certainty for medical practitioners. Utilizing a normative juridical research method with statute and conceptual approaches, this study examines the shift from a paternalistic paradigm to an educational-contractual relationship. The findings indicate that legal reconstruction must position informed consent as a continuous ethical communication process rather than a mere signing of a form. While Law No. 17 of 2023 strengthens transparency, it requires the integration of humanitarian values to minimize medical disputes and malpractice cases, which have increasingly appeared in mass media.

Copyrights © 2026






Journal Info

Abbrev

jurmayustisi

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice

Description

Yustisi Law Student Journal is a periodical Scientific Journal published by the Faculty of Law, Ibn Khaldun University of Bogor three times a year, namely in February, June and October. Yustisi Law Student Journal has a vision to become a leading scientific journal in disseminating and developing ...