The Concept Of Amanah In Infomed Consent: The Perspectives Of Health And Consumer Protection Law

Zulham, Zulham (2013) The Concept Of Amanah In Infomed Consent: The Perspectives Of Health And Consumer Protection Law. In: International Seminar The Practice Of Islamic Law In The Modern World, 11-12 Desember 2013, Jakarta, Indoensia.

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Abstract

The Appeal Decision of the Supreme Court of the (Putusan Republic of Indonesia Kasasi Mahkamoh Agung Republik lidonesia) Number 365K/Pid/20'L2 .granted the appeal requesr of public prosecutor (Jaksa Penuntut Umum) of Manado State Pubiic Prosecutor's office (Kejiksaan lDeeoc7iis Mioanna d(oP)'u. Ttuhsea Snu ppreemneg aCdouilrat na nnulled the Manado State Court Negeri Manado) Number 9a /PI.D.B/2011/pN.MDo, imposing 10 [ten) months criminal imprisonment to each defendant. This Appeal Decision was debated hotly at tire regional and national level for the past several weeks, when doctois demonsirated against the Decision and left medical treatment to patients. Indonesian Doctors Association (lkatan Dokter Indonesia) argued that the contract between doctor and patient is a contract of p.oiurr,-not a contract of result. At the very least, this Appeal Decision providld an avenue for legal experts to examine and evaluate philosophically and juridically the concept of informed consent, as well as rights and responsibility attached with the concept, especially regarding doc_tor and patient relationship. This paper argues that informed consent should be build on the framework of amaiah. wliich is an important concept in Islamic law, as Islamic law has contributed greatly to the development of national law, Islam being the majority religion in Indonesia. In national law, the relationship betwe"en doctor and patient could be seen simultaneously from two aspects, health law and consumer protection law. Doctrines contained in both health law and .onrrru. protection law could utilize the concept of amanah in the formulation of informed consent. Using juridical, normative, and qualitative methodology and statutes approach, several regulations related to ttr. topic of the paper were examined, such as Law Number 29 year 2004 on Medical practice ltlndyna-undang Nomor 29 Tahun 2004 tentang praktik Kedokteran), Law Number 36 Year 2009 on Health (undang-(Jniang Nomor 36 Tahun 2009 tentang KesehatanJ, and Law Number B year 1999 on consumer protection (undang-undang Nomor B Tahun 1999 tentang perlindungan Konsumen). This paper is divided into several sections, discusiing: The concept of Amaiah in Islamic Law, the Legal Relationship between Doctor and patient, the concept of Informed consent from the perspective of Health Law, The concept of Informed Consent from the Perspective of Consumer protection Law, and the Application of the concept of Amanah in Informed consent.

Jenis Item:	Konferensi atau Workshop (Paper)
Subjects:	2X4 FIQH > 2X4.5 Hukum Pidana/Jinayat
Divisions:	Konferensi / Workshop (Conference and/or Workshop)
Pengguna yang mendeposit:	Mrs Hildayati Raudah
Date Deposited:	02 Mar 2016 08:43
Last Modified:	08 Sep 2016 03:01
URI:	http://repository.uinsu.ac.id/id/eprint/319

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