Medical Treatment Without Consent: Hospital Liability for Non-Emergency Interventions in Indonesia

Abstract

Patient autonomy constitutes a fundamental principle of modern healthcare law, requiring medical interventions to be preceded by adequate information and voluntary consent. Nevertheless, disputes may arise when healthcare providers perform medical procedures without obtaining valid consent, particularly in circumstances that do not qualify as genuine medical emergencies. This article examines hospital liability for non-emergency medical interventions conducted without informed consent in Indonesia. The study applies a normative juridical method, analyzing the legal foundations of patient autonomy, informed consent, professional medical duties, and institutional responsibility. The analysis distinguishes between emergency circumstances in which immediate intervention may be legally justified and non-emergency situations in which treatment without consent may constitute a violation of patient rights. The article argues that hospitals should not avoid institutional responsibility merely by attributing the conduct to individual physicians, particularly where inadequate consent procedures, supervision, or institutional policies contributed to the violation. A dual accountability framework is proposed, distinguishing individual professional responsibility from institutional failures in informed-consent governance. The framework emphasizes documentation, disclosure, patient capacity, alternative treatments, and institutional oversight. Strengthening these safeguards would enhance respect for patient autonomy and establish clearer legal remedies for violations occurring within Indonesian healthcare institutions.