Informed Consent Procedures in Persons with Mental Disorders: A Juridical Review

Abstract

No field escapes in the context of law, including, in this case, health, so in the law itself, it is known as health law as a branch of science. Health itself is not only in the physical context but also mental, but what if the person with a mental disorder is physically ill? Of course, it requires a doctor's action consent or informed consent from the person with the mental disorder. In law, proficiency is known as a condition for the validity of an agreement, and people with mental disorders are not included in the clever person. So, in the research article, researchers are interested in analysing and knowing how favourable laws that regulate are related to informed consent in Indonesia and how legal procedures are related to informed consent in laws and regulations in Indonesia for patients with mental disorders. The method that researchers use is the normative method. In this article, it was later found that first, informed consent itself is regulated in Law Number 17 of 2023 concerning Health, which was formed by the omnibus law method, and secondly that the legal procedure of informed consent for patients with mental disorders is regulated in Article 80 paragraphs (2) to paragraph (5), but does not yet have an implementing regulation, so the government must immediately form an implementing regulation.