ZAHRA (JOURNAL OF HEALTH AND MEDICAL RESEARCH)
Vol. 5 No. 4 (2026): ZAHRA (JOURNAL OF HEALTH AND MEDICAL RESEARCH)

TANGGUNG JAWAB HUKUM TENAGA KESEHATAN TERHADAP PELANGGARAN INFORMED CONSENT DALAM PELAYANAN MEDIS

Gunawan Widjaja (Senior Lecturer Faculty of Law Universitas 17 Agustus 1945 Jakarta)
Hotmaria Hertawaty Sijabat (GW Learning Centre)



Article Info

Publish Date
20 Jul 2026

Abstract

This study aims to analyse the legal liability of healthcare professionals for breaches of informed consent in medical practice through a literature review. Informed consent is a legal and ethical foundation that must be applied prior to any medical procedure, in accordance with Article 293(1) of Law No. 17 of 2023 on Health and Minister of Health Regulation No. 290/Menkes/Per/III/2008. The results of the study indicate that breaches of informed consent can occur in three main forms: failure to provide information, provision of incomplete or misleading information, and obtaining invalid consent. The legal liability of healthcare professionals encompasses four forms: civil liability under Article 1365 of the Civil Code for unlawful acts; criminal liability under Articles 359 and 351 of the Criminal Code; administrative liability in the form of sanctions ranging from a reprimand to the revocation of a practising licence; and professional disciplinary liability under the Indonesian Medical Council (MKDKI). Hospitals, as corporations, are liable under the doctrines of strict liability and vicarious liability in accordance with Article 1367 of the Civil Code and Article 46 of the Hospitals Act. This study recommends strengthening regulations, improving healthcare professionals’ communication skills, and raising awareness of patients’ rights to prevent future breaches of informed consent.

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Journal Info

Abbrev

ZAHRA

Publisher

Subject

Description

ZAHRA: JOURNAL OF HEALTH AND MEDICAL RESEARCH focuses on health sciences, including preventive, promotive, curative, and rehabilitative fields, by publishing "original articles" and "review articles." The scientific scope of the Health Scientific Journal includes: Medical and clinical research ...