Legal Protection of Patients' Right to Accurate Information in Health Service Advertisements in Indonesia as a Manifestation of the Beneficence Principle in Biomedical Ethics

Abstract

The right to information is a human right. Fulfilling patients' right to information in health services reflects moral obligation to the patients. Patients as legal subjects in health services have the right to information regarding the services they choose. However, the patients' right to obtain information is often violated by those who providing health services. The violation occurs in the practice of health services advertisement containing misleading information. This research aims to analyze and reflect the beneficence principle on the moral obligation to fulfil patients' right to information. Also, this research analyzes the Indonesian legal regulations related to the protection of patient’s right to information. This research used philosophical and normative legal approach. The results of the analysis in this research states that fulfilling the patient's right to information aims not only to prevent harms to patients, but also to benefit the patients. The legal protection of patients' right to information related to health services in Indonesia is stipulated in Electronic Information and Transactions Law and Regulation of the Minister of Health Regulation Concerning Publication of Health Services. This research concludes that the moral obligation to fulfil patients’ right to information as a manifestation of the beneficence principle need to be stipulated concretely through statutory regulations. In addition, the legal protection of patients' right to information in Indonesia has reflected part of the beneficence principle since it only accommodates harm prevention for the patients, but do not provide the compensation for the patients who suffer loss.