PROGRESSIVE LEGAL VIEWS REGARDING DOCTORS' MEDICAL ACTIONS AGAINST PATIENTS WITHOUT INFORMED CONSENT

Abstract Approval of medical treatment or what is usually called informed consent is a form of protection for patients, therefore it is very important. The right to accept or refuse the health services they receive; The problem is that in certain situations and conditions, informed consent cannot be given to patients in emergency situations. Looking at this phenomenon from a positivist perspective, medical intervention without informed consent cannot be justified. This is actually considered to have undermined the concept of Indonesian law which emphasizes aspects of written law. The importance of this view is that legitimacy is not only seen through the actions and actions of society which are carried out in accordance with provisions set out in statutory regulations. Reading regulations alone cannot resolve all social realities. In some cases, you may need to use sophisticated legal thinking to challenge and analyze regulatory texts. The research question formulated is how progressive legal standards should be applied regarding doctors' medical actions towards patients without informed consent. The method used by the author in this case is normative legal research with a qualitative analytical approach. According to research, doctors usually need to obtain approval from the patient or the patient's family before carrying out medical procedures. However, if there are certain circumstances in which where the patient cannot ask for consent, informed consent can be waived without compromising patient safety. Time is a critical factor in saving the patient. If doctors delay in providing medical care, patients will suffer disability and, in some cases, death, with tragic consequences. Doctors can waive or not use informed consent (authorization for a medical procedure) when a medical procedure requires immediate patient assistance. According to this theory, agreements are essentially related to progressive law. The law must not only be understood explicitly, but also discovered implicitly.