Legal and Policy Analysis in IndonesiaLegal and Social Justice StudiesHealthcare Decision-Making and Restraints

Anggraeni Endah Kusumaningrum, Siti Farahiyah Ab Rahim, Mahesa Paranadipa Maikel

2026.5.7Lex Scientia Law Review

DOI: 10.15294/lslr.v10i1.20655

Abstract

Mental health services face unique challenges as they involve vulnerable patients, requiring robust legal protection. Therapeutic transactions, built on trust, rights, and obligations between patients and health workers, play a key role in ensuring effective care. However, in Indonesia, challenges persist, including weak implementation of informed consent, limited awareness of patient rights, and insufficient oversight of ethical and legal violations. These issues can lead to malpractice, privacy breaches, and inequities in mental health care. This study examines the importance of strengthening regulations governing therapeutic transactions to protect the rights of patients with mental disorders. Using normative juridical methods, it analyzes laws, case studies, and academic literature to identify areas for improvement. The study recommends harmonizing regulations with Law No. 17 of 2023 on health, improving informed consent procedures tailored for mental health patients, and enforcing strict sanctions for ethical and legal violations. Additionally, enhancing the capacity of health workers through training, certification, and regular supervision is essential for maintaining service quality and accountability. Strengthened regulations can create fairer and more transparent relationships between patients and health workers, while increasing public trust in mental health services. These measures are not only a tool for legal protection but also a step toward ensuring humane, professional, and equitable mental health care. In conclusion, reinforcing therapeutic transaction regulations is vital for safeguarding patient rights, fostering accountability, and promoting high-quality mental health services that respect human dignity.

Citation format

KUSUMANINGRUM, Anggraeni Endah; RAHIM, Siti Farahiyah Ab; MAIKEL, Mahesa Paranadipa. Enforcement of therapeutic transaction arrangements as an instrument of legal protection for patients with mental disorders. Lex Scientia Law Review, 2026, 10(1): 173–198.