The Relevance of Legal Positivism on Special Medical Situations in Indonesia's Positive Law

Abstract

A special medical situation implies the existence of a critical condition of the patient so that it demands immediate medical action, which is closely related to the issue of the patient's life and death. There are at least three stakeholders involved in a particular medical situation, namely doctors, patients' families, and the government. The three stakeholders in the legal context must have a grounding in relation to rights and obligations that are protected fairly. While Legal Positivism substantially introduces that the true law is the law formed by state authorities and expressed in the form of legislation as positive law. Among the deepest meanings of Legal Positivism is that the law must be able to provide certainty and the power of enactment must be based on the hierarchy of legislation. An important issue that needs to be solved is whether positive law in Indonesia in the context of Legal Positivism has provided fair legal certainty for the Special Situation of Medicine.