We found a match
Your institution may have rights to this item. Sign in to continue.
- Title
Hak Otonomi Pasien Dalam Menentukan Persetujuan Tindakan Kedokteran Berdasarkan Transaksi Terapeutik.
- Authors
Umam, Achmad Rizaldi
- Abstract
The formulation of article 13 paragraph (2) of the Minister of Health Regulation number 290/MENKES/PER/III/2008 stipulates that doctors have the authority to evaluate patient competence. However, the regulation does not explain the criteria used to assess patient competence, so there is concern that it will lead to subjective judgments and in fact make the implementation of the patient’s autonomy rights no longer autonomous. This research is a normative legal research using a statute approach and conceptual approach. The results of this study indicate that based on the 2006 medical action approval manual prepared by the Indonesian Medical Council, it is stated that the benchmarks used to assess a patient’s competence are age and the patient’s ability to communicate. Furthermore, regarding the implementation of inappropriate informed consent, if the doctor is in doubt about the assessment of the patient’s competence, as a result the agreement can be conceled by the judge through a court order at the request of the party requesting concellation.
- Publication
Jurist-Diction, 2022, Vol 5, Issue 5, p1625
- ISSN
2721-8392
- Publication type
Article
- DOI
10.20473/jd.v5i5.38428