Article Per Year (5 Year)
p-Index From 2021 - 2026
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All Journal International Journal of Social Sciences and Humanities
Abdul Kolib
Magister Hukum ,Universitas Pembangunan Nasional "Veteran" Jakarta , Jakarta, Indonesia
Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Vicarious Liability in Indonesian Telemedicine: Reconstructing the Legal Status of Digital Health Platforms Rizka Erlyani; Abdul Kolib; Handar Subhandi Bakhtiar
International Journal of Social Sciences and Humanities Vol. 4 No. 2 (2026): International Journal of Social Sciences and Humanities
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/ijssh.v4i2.2622

Abstract

The rapid expansion of telemedicine in Indonesia has transformed healthcare delivery from a facility-based model into a platform-based ecosystem in which digital health platforms directly connect patients and medical professionals. However, Indonesian health regulations continue to position digital platforms merely as electronic system providers or cooperation partners of healthcare facilities, despite their substantial operational control over healthcare services. This study examined the legal status and liability of digital health platform providers in Indonesian telemedicine services. The research employed normative juridical methods using statutory, conceptual, and comparative approaches. The findings revealed that digital health platforms simultaneously function as electronic system providers, service business actors, and personal data controllers under different regulatory regimes, while lacking explicit recognition as healthcare service providers. This regulatory fragmentation creates accountability gaps, particularly when patients suffer losses arising from telemedicine services. The study argued that liability-shifting clauses commonly used by digital health platforms are inconsistent with consumer protection principles and the doctrine of vicarious liability under Article 1367 of the Indonesian Civil Code. Accordingly, this article proposed a vicarious liability model that imposes legal responsibility on digital platforms as the controlling party over medical professionals operating under the platform's operational ecosystem, supported by co-regulation principles and integrated cross-institutional supervision.
Legal Uncertainty in the Criminal Liability of Health Workers: A Normative Analysis of Article 440 of the Health Law and Article 360 of the Criminal Code Maryanto; Abdul Kolib; Handar Subhandi Bakhtiar
International Journal of Social Sciences and Humanities Vol. 4 No. 2 (2026): International Journal of Social Sciences and Humanities
Publisher : LPPM Sekolah Tinggi Ilmu Ekonomi 45 Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55681/ijssh.v4i2.2764

Abstract

Article 440(1) of Law Number 17 of 2023 on Health introduces a specific provision governing the criminal liability of health workers for medical negligence resulting in serious injury. Nevertheless, Supreme Court Decision Number 1241 K/Pid/2025 demonstrates that courts continued applying Article 360(1) of the Criminal Code despite the prosecutor’s indictment under Article 440. This study analyses the normative relationship between both provisions and its implications for legal certainty in medical negligence cases. The research employs a normative juridical method using statutory, conceptual, and case approaches. The findings show that the district court, high court, and Supreme Court consistently relied on Article 360 of the Criminal Code in convicting a nurse who performed circumcision without a practice licence outside an authorised health facility, causing permanent injury to a child patient. The judgments did not adequately address the applicability of Article 440 as a specific provision concerning medical negligence. The study identifies conflicts, overlaps, and vagueness of norms that contribute to inconsistent judicial interpretation. Therefore, clearer legislative formulation and Supreme Court guidelines are required to ensure legal certainty and consistency in adjudicating medical negligence cases involving health workers.
Co-Authors Handar Subhandi Bakhtiar Maryanto Rizka Erlyani