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

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.