Borobudur Law and Society Journal

Health workers accused of malpractice often rely on informed consent as their first line of defence, yet most Indonesian studies of consent still rest on the Health Law of 2009 and the Medical Practice Law of 2004, both repealed by Law No 17 of 2023 on Health. This normative study asks how the 2023 Law protects health workers in emergencies, how far informed consent protects them in ordinary care, and what role consent plays in the therapeutic agreement. It uses statutory and conceptual approaches to the 2023 Law, Government Regulation No 28 of 2024, the Civil Code and the Criminal Code, and to the literature on consent. The Law requires consent for every individual health service, permits oral or written consent and dispenses with it in an emergency only when the patient lacks capacity and no one can consent on the patient’s behalf, in which case the worker must act in the patient’s best interests. Consent is a condition for the therapeutic agreement to arise, but it protects the worker only if the information was adequate and the service met professional standards; it is no defence to negligence or to euthanasia, which remains a crime. The new disciplinary council adds procedural protection. Standard consent forms for high-risk and emergency care, rules for proxy consent and training in disclosure are recommended.