A Study on Healthcare Delivery, Reproductive Health Rights, Informed Consent, Legal Relationship between Hospitals-Patients-Healthcare Professionals, and the Impact of the New Criminal Code and Criminal Procedure Code

Abstract

This research analyzes legal protection in health services in Indonesia following the enactment of Law Number 17 of 2023 on Health. Using a normative juridical approach and descriptive-analytical methods, the study discusses holistic health organization, reproductive health rights (including therapeutic abortion exemptions for victims of sexual violence), stricter informed consent for medical procedures, legal relationships between hospitals, patients, and medical personnel with shared responsibilities, and criminal implications from the new Criminal Code (Law No. 1 of 2023) and the new Criminal Procedure Code effective from 2026. The findings indicate that the 2023 Health Law strengthens patient rights and healthcare accountability through comprehensive regulations, although challenges such as varying interpretations of the regulations, risks of medical litigation, and potential bureaucratization remain obstacles. This regulation aligns with Article 28H paragraph (1) of the 1945 Constitution, but requires ongoing education, clear implementing regulations, and alternative dispute resolution mechanisms to achieve balanced and effective legal protection.