Research Horizon
Vol. 6 No. 3 (2026): Research Horizon - Juni 2026

The Role of Informed Consent in the Legality and Legal Protection of Medical Personnel

Danetsye Samallo (Department of Law, Faculty of Law, Universitas Islam Nusantara, Bandung, Indonesia)
Yana Chaeru Taufik Ismail (Department of Law, Faculty of Law, Universitas Islam Nusantara, Bandung, Indonesia)



Article Info

Publish Date
26 Jun 2026

Abstract

Medical professionals face litigation risks from legal uncertainty in medical procedures, highlighting informed consent as an important legal protection amid rising medical disputes in Indonesia. The purpose of this research is to analyze the role of informed consent in ensuring the legality of medical procedures, examine its legal construction as a basis for excluding criminal liability for medical personnel under Law Number 17 of 2023 concerning Health, and assess its application in digital health services and high-risk medical procedures. The research method used is normative juridical with a statute approach and a conceptual approach. The results of the study indicate that informed consent is not merely an administrative formality, but rather the primary legal basis that transforms invasive procedures into legally valid actions by fulfilling patient autonomy. Legally, informed consent functions as a justification (rechtvaardigingsgronden) that eliminates the material unlawfulness of medical procedures, as long as they are carried out according to professional standards and without information defects (vitiated consent). This study concludes that informed consent is an essential preventive legal protection instrument that eliminates criminal culpability through the principle of volenti non fit iniuria, provided that medical information is communicated effectively.

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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 ...