Right To Consent In Informed Consent For Medical Treatment For People With Mental Health Disorders
Santi Novia Ayu Kurniawati, Erna Dyah Kusumawati
International Journal of Business, Economics and Law, April 2023; 28(3)
Based on the philosophy of legal protection, this article seeks to determine the interpretation of the meaning of mental disorders according to the Civil Code and the application of informed consent to medical treatment for people with mental disorders governed by the Civil Code. Based on the principle of legal protection, this article also seeks to determine the implementation of informed consent to medical treatment for people with mental problems. In this study, the normative law method is being employed. The study’s findings reveal that one interpretation of the idea of mental disorder, based on Article 433 of the Civil Code which reads, “Any adult who is constantly dumb, sick of the brain, or dark-eyed should be put under guardianship, even when he is occasionally proficient with his mind.” maintains that mental disorder is a sort of inability to act or incompetence to conduct a legal act. Following the requirements of the Civil Code, even if those under guardianship are adults, they are considered legally incapable. Due to their inability to act for themselves, individuals with mental problems must give informed consent to medical treatment through family members or legal guardians. The application of informed consent to medical treatment for people with mental problems is governed by the Civil Code, which requires physicians to acquire permission from the patient’s family (supporters, according to the Civil Code). Due to their inability to make decisions for themselves, people with mental disorders cannot give informed permission for medical treatment. However, under Law No. 18 of 2014 concerning Mental Health, social services will assume the role of guardian if the patient has no family or relatives.
Editor’s note: The Civil Code referenced in this abstract is present in Indonesia.