Indonesia Conference Directory

This paper discusses the certainty of legal protection for doctors who treat patients with emergency cases are reviewed from human rights and medical Practice in Law No. 29 year 2004. Informed consent is absolutely given and is requested for approval before medical action is conducted by the physician to the patient as stipulated in article 45 Law No. 29 year 2004 on medical practice. The issue raised in this paper about whether there is an exception Informed consent is not given at the beginning of the treatment of emergency patients in accordance with Indonesian legislation and to know the obligations of Informed consent for emergency patient handlers and the legal aspects incurred when they were not conducted. This paper uses the normative method due to conflict of norms, Informed consent as an absolute condition that is difficult to apply for emergency patient handling. Informed consent can be excluded for the handling of emergency patients as stipulated in the Law of Health Ministry A which is an explanation of article 45 and article 52 letter a Law No. 29 year 2004 on medical practice but hierarchically Law of Healt Ministry should not contradict the regulation of the law above which is medical practice law, so that it is necessary to do the reconstruction so that there is a legal certainty for doctors in the handling of emergency cases. In addition, doctors also have legal protection rights reviewed from the perspective of human rights because if all procedures and administrations are in accordance with the standards but still can be charged because it is still not complete explanation and details in the article of medical practice Law No. 29 year 2004.