ABSTRACT

Due to the cases that occur related to the practice of medicine, the law contributesin providing solutions for both physicians and patients as consumers of health, although medicine has a code of professional ethics as the basis of doctors in carrying outtheir work. This study focuses on, how judges assess the express consent on the implementation of informed consent and secondly, how the model of protection and fulfilmentof patient rights in the implementation of informed consent in Indonesia. The research method used is normative legal research, based on health law and the health ministerregulation as the main benchmark in analysing. The results of the discussion illustrate that, the main point of doctors and health workers in carrying out their dutiesis the implementation of concrete agreements both written and oral. Second, the model for protecting patient rights in law enforcement is applying reverse evidence to doctors as defendants of malpractice in relation to the fulfilmentof informed consent. From several cases, it appears that the judge’sdecision is not fundamental to informed consent buttends to the negligence aspect of the doctor or medical personnel use to Article 359 of the Criminal Code.

Keywords:Model, Protection, Patient Rights, Informed consentTopic:Law

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