KESEIMBANGAN HAK DAN KEWAJIBAN PARA PIHAK PADA TAHAP PRA-KONTRAKTUAL INFORMED CONSENT DI RUMAH SAKIT ZAINAB PEKANBARU

Ananda Ruziqna, Firdaus Firdaus, Dasrol Dasrol

Abstract


The balance of the parties at the pre-contractual stage of informed consent at Zainab
Pekanbaru Hospital is interesting to study in depth. This is because there are still many
incidents where the patient and the hospital have not maximized the implementation of
the pre-contractual stage even though informed consent has been carried out. The
purpose of this study is, First, to find out how the balance of the parties is applied in the
pre-contractual Informed Consent stage at Zainab Hospital Pekanbaru. Second, find out
what conditions lead to non-fulfillment of the balance between the parties in the Informed
Consent pre-contractual stage at Zainab Pekanbaru Hospital.
This research uses the type of empirical legal research or sociological legal research.
The sample in this study was Doctor, Nurse, and Patient of the Zainab Mother and Child
Hospital, Pekanbaru City. The analytical tool in this study is a qualitative method. This
study found that there were things that were less than optimal in reality on the ground,
so it was necessary to anticipate them with maximum effort.
This study concludes that, First, the application of the principle of balance of the parties
in the pre-contractual informed consent stage at Zainab Pekanbaru Hospital in fact, not
reached balance. The hospital has tried its best to implement the principle of balance as
best as possible, but there are some patients who have problems implementing the
principle of balance. Second, the situation that caused the principle of balance between
the parties to not be fulfilled in the pre-contractual stage of informed consent at Zainab
Hospital in Pekanbaru was caused by both parties. First, the circumstances that cause
the patient's principle of balance to not be fulfilled consist of three causes, the first is the
patient's lack of knowledge of his rights and obligations. This is divided into 3 causes,
namely the patient's level of education and experience, lack of information and social
culture and economics. Second, the patient does not provide honest and complete
information about the disease he is suffering from. Third, the patient does not understand
the doctor's explanation, this is caused by 3 things, namely, the influence of age, the
influence of education, the influence of work and at the pre-contractual stage, informed
consent was not explained. Second, the situation that causes the doctor's principle of

balance to not be fulfilled, in the patient-doctor relationship, communication is active-
passive. Doctors are active and patients are passive and only answer when asked or act

after being ordered by the doctor. The communication conveyed is also not clear, because
patients lack medical terminology, and doctors do not provide opportunities for patients
to ask further questions about their medical condition.
Keywords: Informed Consent – Balance – Pre Contractual


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