KEDUDUKAN HUKUM INFORMED CONSENT DALAM PERJANJIAN TERAPEUTIK MENURUT UNDANG-UNDANG NOMOR 29 TAHUN 2004 TENTANG PRAKTIK KEDOKTERAN DI RUMAH SAKIT UMUM DAERAH DR. ZAINAL ABIDIN BANDA ACEH

Act Number 36 Year 2009 on Health regulated health personnel in order to give informed consent to patients before health service treatments are given. The objective of this research is to find out the legal position of informed consent in therapeutic contract and its legal consequence on unimplemented procedures of informed consent as regulated in Act Number 29 Year 2004 on Medical Practice. This was both a normative juridical research, which was based on legal principles, and an empirical juridical research, with emphasis on field study for the collection of primary data. The primary data were complemented by secondary data obtained by using a literature study. The research involved 16 respondents consisting of ten parents, five doctors, and a vise of director in service department of the hospital. Result of the research indicates that the legal position of informed consent in therapeutic contract has a main function as one of the requirements for the valid therapeutic contract in accordance with Article of 1320 of Civil Law. The legal consequence of unimplemented informed consent procedures as regulated in Act Number 29 Year 2004 on Medical Practice could be seen from the aspect of civil law. If the medical treatment was done without patients� consent, for a doctor as a practitioner the medical treatment could be blamed and accused as conducting an act against law (onrechmatiigdaad) based on the Article 1365 of the Civil Law. In view of criminal law, informed consent should be absolutely met in accordance with the Article of 351 of Criminal Law on Mistreatment. Moreover, from the aspect of state administration law, if doctor did not actually give informed consent in medical treatments, the sanction is the dispossession of practice license based on the prevailing provision in regulation of the Minister of Health of the Republic of Indonesia Number 29 Year 2008 on Consent for Medical Treatment