Abstract
This study is intended to analyze, review and find the "Paradox of the Standard Clauses of Therapeutic Agreement and Legal Protection of Patients". In Indonesia, the concept of the doctor and patient relationship, known as the Health Services Therapeutic Agreement, still uses the standard clauses of the Indonesian Consumer Protection Act which are considered to be no longer in line with legal developments in Indonesia. This study uses the Legal Protection Theory, Health Theory, and Agreement Theory as Grand Theory, Middle Range Theory and Applied Theory supported by Normative Juridical methods based on positive law (dogmatic) to examine and review secondary data referring to law or regulation with other regulations applied in the community. This study includes research on the principles of law, legislation, comparative law, normative law, and legal history. This study found: (1) The implementation of standard clauses has not yet materialized legal protection for patients, both from the perspective of the Consumer Protection Law, the Health Law and the Hospital Law, bearing in mind that the Indonesian Consumer Protection Act is no longer in line with legal developments in Indonesia, (2) The Court's verdict on malpractice cases so far has not been completely resolved in realizing legal protection for patients. As a Recommendation: (1) It is recommended that Regulators update the regulations that govern more specifically the distinction of standard clauses in the economic field from health services, (2) It is recommended that Regulators revise or update regulations on the Health Law which governs more specifically about standard clauses (informed consent) in health services.
Keywords
- Health law
- legal protection
- health service
- therapeutic relationships