Konstruksi Hukum Informed Consent dalam Tindakan Medis Resiko Tinggi Berdasarkan Asas Kemanusiaan Pancasila

Abstract

High-risk medical procedures require strong legal protections for patients and medical personnel. This research aims to analyze and formulate the legal construction of Informed Consent in high-risk medical procedures based on the principles of Fair and Civilized Humanity as stated in the Second Precept of Pancasila. The research method used is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the current practice of Informed Consent still tends to be a purely administrative formality, more oriented towards legal protection and avoidance of compensation (defensive medicine). The construction of the law based on human values Pancasila places Informed Consent not just as a form of release of responsibility, but as a manifestation of respect for the patient's right to autonomy, dignity, and human dignity. Thus, Informed Consent must be understood as an ethical and juridical instrument that ensures a balance between legal protection of medical personnel and respect for patients' rights. The conclusion of the study emphasizes the need for a paradigm shift from mere administrative formalities to Informed Consent practices based on human values, so as to strengthen public trust in health services while ensuring legal certainty for all parties.