The Implementation of Honesty Principles in Therapeutic Agreements based on the Health Law Perspective in Indonesia

Authors

  • Isdian Anggraeny1 , Isdiyana Kusuma Ayu2

DOI:

https://doi.org/10.37506/ijfmt.v14i4.12307

Keywords:

Covid-19, Honesty Principle, Therapeutic Agreement

Abstract

Covid-19 is a virus that has become an epidemic in almost all countries, including Indonesia. One of the
reasons for the massive spread of Covid-19 is the patient’s dishonesty in providing information related
to their medical history and symptoms to doctors and health workers, causing patients not to be treated
according to their complaints. The formulation of the problems in the research, namely: the legal basis for
the application of The Honesty Principle in the therapeutic agreement and the legal consequences don’t fulfill
the honesty principle. The research method used is normative juridical research. The legal basis for applying
The Honesty Principle refers to the general rules of contract law in the Civil Code and regulations in the
field of health law in particular. The absence of The Honesty Principle in a therapeutic agreement includes
an agreement that is defective and can be canceled and compensated for. Especially for an infectious disease
outbreak such as Covid-19, a dishonest patient can be subject to a maximum imprisonment of 1 year and/or
a maximum fine of Rp.1,000,000.

Author Biography

  • Isdian Anggraeny1 , Isdiyana Kusuma Ayu2

    1Lecturer, Law Faculty, Universitas Muhammadiyah Malang, 2Lecturer, Law Faculty, Universitas Islam Malang

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Published

2020-10-29

How to Cite

The Implementation of Honesty Principles in Therapeutic Agreements based on the Health Law Perspective in Indonesia . (2020). Indian Journal of Forensic Medicine & Toxicology, 14(4), 4249-4253. https://doi.org/10.37506/ijfmt.v14i4.12307