The Problem of Implementing Informed Consent in Perspective Law Number 17 of 2023 and Professional Ethics for Patient Legal Protection

Desi Sintyasari (Universitas Pembangunan Panca Budi)
Irsyam Risdawati (Universitas Pembangunan Panca Budi)
Muhammad Arif Sahlepi (Universitas Pembangunan Panca Budi)

JUDGE: Jurnal Hukum
Vol. 7 No. 2 (2026): Judge : Jurnal Hukum

Informed consent is a fundamental legal instrument in healthcare services, reflecting respect for patient autonomy and providing a legal basis for medical procedures. Article 293 of Law Number 17 of 2023 concerning Health requires patient consent after adequate explanations regarding diagnosis, treatment objectives, benefits, risks, alternative actions, and prognosis. However, its implementation still faces challenges, including incomplete information, limited patient understanding, administrative formalities, and inadequate compliance with professional ethical standards. These conditions may trigger medical disputes and weaken legal protection for patients and healthcare professionals. This study aims to analyze the implementation of informed consent based on Article 293 of Law Number 17 of 2023 and examine it from the perspective of professional ethics in relation to patient legal protection. This research uses a normative legal method with statutory, conceptual, and case approaches. The legal materials consist of primary, secondary, and tertiary legal materials. The analysis is conducted qualitatively through the interpretation of legal norms and professional ethical principles governing the relationship between healthcare professionals and patients. The results indicate that the implementation of informed consent has not fully fulfilled the principles of information disclosure, patient autonomy, and professional ethics, particularly honesty, responsibility, and respect for human dignity. The main obstacles include ineffective communication, differences in health literacy, emergency conditions, and inadequate documentation. Therefore, strengthening technical regulations, improving healthcare professionals' communication competence, optimizing ethical supervision, and increasing public legal awareness are necessary. Informed consent should function not merely as an administrative requirement but as a meaningful communication and decision-making process that ensures legal certainty and effective protection for patients and healthcare professionals.