URGENCY COMPREHENSIVE TELEMEDECINE REGULATION TO PROTECT PATIENT RIGHTS

Abstract

The phenomenon of Telemedecine services, although it has many benefits, also raises many concerns for patients. This result requires the presence of regulations to provide legal certainty in the practice of telemedicine services. Telemedicine arrangements need to pay attention to the interests and safety of patients, apart from that it is hoped that it will make it easier for patients to access health services, and also protect their rights to obtain health services in accordance with service standards. This research aims to produce a discussion regarding the importance of comprehensive regulations regarding Telemedecine in order to guarantee legal protection for patients in the practice of telemedicine in Indonesia. This research uses a normative juridical research method with a statutory regulatory approach (statue approach), in this case regulations in Indonesia related to Telemedicine, apart from that it also uses an analytical approach (analytical approach) and a conceptual approach (conceptual approach). The research specification used is an inventory of statutory regulations (positive law) regarding Telemedecine. Telemedicine regulations and policies before the issuance of the health law had limitations to be used as a legal basis for currently developing telemedicine services. The Minister of Health Regulation only regulates the implementation of telemedicine between health facilities. Meanwhile, the Minister of Health Decree and Perkonsil limit the implementation of telemedicine in a pandemic situation. When the government lifts the Covid-19 pandemic situation, there will be a vacuum in the instruments that guide the implementation of telemedicine, therefore the enactment of the Health Law brings good news for Telemedecine Regulations in Indonesia. Law number 17 of 2023 concerning Health provides protection of the rights of patients who receive telemedicine services in several ways, namely guaranteeing the protection of patient rights, both services between health service facilities and between health service facilities and the community, apart from that, it is mandatory for medical personnel to have a permit. Practices such as face-to-face medical services  provide assurance to patients that they are receiving services from medical personnel who are competent and meet standards.