<![CDATA[Background: Medical procedures performed by aesthetic clinics without valid informed consent raise significant legal concerns in Indonesia, particularly when they result in patient harm. Informed consent is a fundamental legal requirement that safeguards patient autonomy, personal integrity, and the right to health. From the perspective of maqāṣid al-sharī‘ah, such protection also reflects the principle of ḥifẓ al-nafs (preservation of life), which requires medical interventions to respect human dignity and prevent harm to patients. The increasing commercialization of aesthetic medical services further underscores the need for clear legal standards and effective accountability mechanisms to ensure patient safety and protect both the right to health and the preservation of life. Purpose: This study aims to analyze the legal regulation of medical procedures in aesthetic clinics performed without informed consent and to examine the forms of legal liability that may be imposed on clinics and medical professionals for patient harm under Indonesian law. Methods: This study employs normative juridical legal research using a statutory and conceptual approach. Results: The findings demonstrate that, under Indonesia’s latest legal framework following the enactment of Law No. 17 of 2023 on Health, informed consent constitutes a fundamental legal requirement for medical procedures, including aesthetic interventions. This study provides an updated legal analysis of informed consent in aesthetic medical practice within the post-2023 Health Law regulatory framework, highlighting its significance in determining the legality of medical interventions. The absence of valid informed consent may render medical procedures legally defective and expose aesthetic clinics and medical professionals to multiple forms of liability, including administrative sanctions, civil liability based on breach of contract or tort, consumer protection claims, and, under certain circumstances, criminal liability where negligence or intentional conduct causes serious harm. These findings confirm that informed consent is not merely an administrative formality but a substantive legal safeguard for patient autonomy and a critical basis for determining professional accountability. Implication: This study underscores the need to strengthen informed consent in aesthetic medical services beyond procedural and administrative compliance by integrating professional ethical standards and moral integrity into clinical practice. Informed consent should reflect not only legal obligations but also physicians’ ethical commitment to honesty, transparency, respect for patient autonomy, and professional responsibility. Strengthening the standardization and enforcement of consent procedures alongside integrity-based professional ethics may enhance legal certainty, protect patients’ rights, reinforce professional accountability, reduce the risk of disputes, and strengthen public trust in aesthetic healthcare services. Originality: This research integrates constitutional, civil, consumer, health, and criminal law perspectives into a unified analysis of informed consent in aesthetic medical practice. It offers a systematic examination of multi-dimensional legal liability within Indonesia’s updated health and criminal law framework, contributing to the development of legal scholarship on medical accountability in the rapidly expanding aesthetic healthcare sector]]>
Copyrights © 2027
