The Accountability of Telemedicine Electronic System Based on Indonesian Legal Perspective

Mr Muhammad Rizky Nur Karim1, Ms Zahrashafa Putri Mahardika2

1Center of Health Law and Policy Studies Indonesia, Faculty of Law, University of Indonesia, , Indonesia, 2Faculty of Law, University of Indonesia, , Indonesia

Covid-19 outbreaks around the world contributed to a shift from conventional medical practice to telemedicine. The advantage of telemedicine is undeniable, such as the availability to access health services without physical interaction between patients and doctors. However, unlike conventional medical practice where only patients, doctors, and healthcare facilities are involved, telemedicine also involved electronic system operators and electronic system users. The problems arise when healthcare providers are not always the organizer of the telemedicine electronic system. On one hand, health services providers have their own obligations based on Health Law, but also the other hand, they need to fulfil their obligations based on ICT Law. Most telemedicine practices will involve third parties who will manage the operation of the electronic system. This paper will discuss two main issues on telemedicine utilization in Indonesia: the responsibilities of the parties in the implementation of telemedicine; and the accountability of telemedicine systems, both in terms of health services and electronic systems. Although in Indonesia there are no specific regulations that regulate telemedicine comprehensively, we can refer to the existing regulations related to Health Law and ICT Law to review the responsibilities of the parties. In the end, the implementation of telemedicine must comply with two legal aspects that are not harmonized yet: the medical practice process within all Health Law regulations and the engineering process with all ICT Law. Thus, the Indonesian government should prioritize harmonizing or amending the health and ICT regulations before further utilizing telemedicine.


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