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All Journal International Journal of Social Sciences and Humanities
Handar Subhandi Baktiar
Magsiter of Law, UPN “Veteran” Jakarta, Jakarta, Indonesia
Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Doctors in the Use of Robotic and Telerobotic Surgical Devices: Reconstruction of Distributed Causal Liability Fachri Razi; Handar Subhandi Baktiar; Abdul Kolib
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.v4i2.2999

Abstract

The development of health technology based on robotics, artificial intelligence, and digital telecommunication systems has encouraged the use of robotic and telerobotic surgical devices in medical procedures. These technologies improve surgical precision, expand access to specialist services, and strengthen the digital transformation of health care. However, their use also raises new legal issues, particularly regarding the limits of physician liability when patient harm results from system failure, network disruption, software error, or robotic device malfunction. This article analyzes the current legal framework for robotic and telerobotic surgical devices in Indonesia and formulates a legal protection model for physicians. This study applies normative legal research using statutory, conceptual, and comparative approaches. The findings show that Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and Minister of Health Regulation Number 3 of 2025 have not specifically regulated robotic surgery and telerobotic surgery. As a result, the distribution of liability among physicians, hospitals, technology providers, system operators, and medical device manufacturers remains normatively unclear. This article recommends the adoption of specific regulation and the implementation of the Tiered and Distributed Causal Liability Model, so that legal responsibility can be allocated proportionally based on the source of error, degree of control, and causal contribution of each actor.
Legal Protection for Doctors in the Use of Telepharmacy for Health Services Adi Sukrisno; Abdul Kolib; Handar Subhandi Baktiar
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.v4i2.3000

Abstract

Digital transformation in the health sector has encouraged the development of information technology-based health services, including telepharmacy as a component of the digital health service system. Telepharmacy improves access to health services, service efficiency, and the reach of pharmaceutical care in remote areas that face shortages of health workers. However, the implementation of telepharmacy raises legal issues concerning the distribution of responsibility among doctors, pharmacists, health care facilities, and electronic system providers when service errors or patient harm occur. This study analyzes the legal regulation that should apply to doctors in the use of telepharmacy and identifies legal protection mechanisms that can be provided to doctors in the delivery of digital health services. This study uses normative juridical research with statutory, conceptual, and legal theory approaches. The findings show that digital health regulations in Indonesia, particularly Law Number 17 of 2023 on Health and Government Regulation Number 28 of 2024, have not comprehensively regulated telepharmacy and the distribution of legal responsibility among the relevant parties. This normative gap creates legal uncertainty for doctors as attending physicians and opens the risk of disproportionate criminalization of the profession. This study proposes the Tiered and Distributed Causal Liability Model as a legal construction that allocates responsibility based on each party's level of control, authority, and causal contribution. The model provides proportional legal protection for doctors while ensuring the protection of patient rights in the digital health service system.
Co-Authors Abdul Kolib Adi Sukrisno Fachri Razi