TELEMEDICINE LEGAL LIABILITY THE ELECTRONIC MEDICAL RECORD IN INDONESIA

Abstract

Advancements in information technology have transformed healthcare services through the implementation of telemedicine. While telemedicine expands access to healthcare, it also raises legal challenges regarding the management of Electronic Medical Records (EMRs), which contain confidential personal and health data requiring adequate legal protection. Data breaches, misuse, or unauthorized access may harm patients and create issues of legal liability. This study aims to analyze the legal framework governing electronic medical records in telemedicine services in Indonesia and to examine the legal responsibilities arising from violations involving EMRs. This research employs a normative legal method using statutory and conceptual approaches. Legal materials were collected through library research, including primary, secondary, and tertiary legal sources, and analyzed qualitatively using a deductive approach. The findings show that the legal framework is regulated under Law Number 17 of 2023 on Health, Law Number 27 of 2022 on Personal Data Protection, Law Number 1 of 2024 concerning the Second Amendment to the Law on Electronic Information and Transactions, and Minister of Health Regulation Number 24 of 2022 concerning Medical Records. However, these regulations do not explicitly allocate legal responsibilities among healthcare professionals, healthcare facilities, and electronic system providers in cases of EMR violations. Therefore, regulatory harmonization is necessary to ensure legal certainty and strengthen the protection of patients' health data in telemedicine services in Indonesia