REFORMULASI INFORMED CONSENT BERBASIS KEADILAN SOSIAL DALAM HUBUNGAN DOKTER DAN PASIEN UNTUK PELAYANAN KESEHATAN

ABDURRACHMAN, ARYOKO (2017) REFORMULASI INFORMED CONSENT BERBASIS KEADILAN SOSIAL DALAM HUBUNGAN DOKTER DAN PASIEN UNTUK PELAYANAN KESEHATAN. Other thesis, Universitas Sebelas Maret.

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    Abstract

    This research discusses necessary of Informed Consent reformulation based on social justice. Informed Consent is important in physicians and patients relation because the medical practice which be done based on Informed Consent. The reformulation necessary begins from the absence of justice in the actualization of Informed Consent. Relevant legislation is not based on justice. This research is a presciptive legal research with approach of law, case approach, and conceptual approach. The technique of collecting legal materials is literature study. The technique of analysis of legal materials is the method of deduction. The result of this research concludes that the actualization of Informed Consent is not yet based on social justice, that can be seen as follows: First, the inconsistent terminology of Informed Consent. Second, the authority in providing medical treatment to the patient. Third, equality in the process of providing information on Informed Consent. Reformulation Informed Consent based on social justice requires the review of law No. 29 of 2004 on Medical Practice as a law that regulates physician relationship with the patient. In Article 2 of the a quo law the formula is changed to "Medical Practice is based on the principle of (i) Social Justice; (ii) Equality; (iii) Utilization; (iv) Humanity; And (v) patient protection and safety. This research recommends review of Law No. 29 of 2004 on Medical Practice to accommodate the idea of Informed Consent based on social justice in physician and patient relationship for health services. It is also important to understand the specificity of the contract of physician and patient relationship by lawmakers, actors of health service providers and the community as based on the norm, ethical and aesthetic elements so that social justice can be used as the basis of the implementation of informed consent in the provision of health services. Keywords: informed consent, patient, physician, social justice

    Item Type: Thesis (Other)
    Subjects: K Law > K Law (General)
    Divisions: Pascasarjana > Magister > Ilmu Hukum - S2
    Depositing User: Faricha Rizqi
    Date Deposited: 21 Dec 2017 14:01
    Last Modified: 21 Dec 2017 14:01
    URI: https://eprints.uns.ac.id/id/eprint/37798

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