Dilemma on medical treatments: rejection of medical treatments by patients and elements of neglect through perspective of article 304 of criminal law

Abstract

The right to health care and medical care is a human right that must be respected. No one can abandon patients who need medical treatment and care. Regarding neglect of patients, medical personnel/doctors can be convicted under Article 304 of the Criminal Code. Patients have the right to refuse any type of treatment. There are vague norms in Article 304 of the Criminal Code. The vagueness of the norm lies in the phrase: or leaving someone in a state of misery. The purpose of this paper is to guarantee legal certainty on the vague norms contained in Article 304 of the Criminal Code. The method used in this writing is a normative legal method, the approaches used are the statute approach and historical approach. The results of this study indicate that placing or allowing a patient to refuse medical treatment is not a mistake that is a condition for someone to be convicted. The patient has the right to refuse medical treatment from the doctor after receiving a complete explanation from the doctor based on Law No. 29 of 2004 concerning Medical Practice. Doctors are obliged to respect the rights of the patient, and they do not promise cure patients, but taken great care to treat the patient's illness.