Veranika Santiani Fani
Universitas Borobudur, Jakarta, Indonesia

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Legal Protection and Liability for Breaches of Confidentiality in Health Insurance Patients’ Medical Records Dicky Yulius Pangkey; Veranika Santiani Fani
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.534

Abstract

The implementation of procedures for opening medical records of Health Insurance patients, including Health Insurance Patients, requires legal certainty, so that what is done by doctors and health service facilities does not violate existing laws and regulations.Problem Formulation; How is the legal protection for the confidentiality of medical records of Health Insurance patients? 2. How is the legal responsibility for the confidentiality of medical records of Health Insurance patients? 3. What is the ideal legal protection for liability for violations of the confidentiality of patient medical records? The theoretical framework used is the Theory of Law Enforcement, the Theory of Justice, and the Theory of Legal Protection. The research method uses a Normative juridical research approach. The results of the research; Legal Protection for the Confidentiality of Medical Records of Health Insurance Patients, that; Philosophically and legally, medical records constitute medical confidentiality, which is everything that a patient, consciously or unconsciously, conveys to a doctor, or everything that the doctor has learned while providing health services to the patient. In carrying out its business activities, it applies the principles of Good Governance regarding information confidentiality and information transparency. Health Insurance Services, carry out the claim administration process in accordance with the standards and provisions of the Health Social Security Administration Agency Regulation Number 7 of 2018 concerning Management of Health Facility Claim Administration in the Implementation of Health Insurance. Although in submitting claims to Health Insurance "Y" is guided by the Standard Operating Procedure (SOP) based on Health Insurance Regulation Number 7 of 2018 concerning Management of Health Facility Claim Administration in the Implementation of Health Insurance. Legal Responsibility for Confidentiality of Health Insurance Patient Medical Records, has a legal basis based on Article 46 paragraph (1) of Law Number 29 of 2004 concerning Medical Practice and the provisions of the Minister of Health Regulation Number 269/Menkes/Per/III/2008 concerning Medical Records, that in principle, legally obliged to keep medical secrets related to the implementation of medical records and health information serves to protect hospitals and doctors in terms of law (medico legal). If a doctor discloses the confidentiality of medical records without the patient's consent or written permission from the Health Insurance patient, then the doctor is deemed to have violated or deviated from the provisions of Article 47 paragraph (2) in conjunction with Article 48 paragraph (1) of Law Number 29 of 2004 concerning Medical Practice and Article 11 paragraph (1) of Regulation of the Minister of Health of the Republic of Indonesia Number 269/Menkes/Per/III/2008 concerning Medical Records, as implementing regulations. Legal protection and legal liability for violations are integrated into Law Number 8 of 1999 concerning Consumer Protection. Furthermore, Article 48 of Law Number 29 of 2004 concerning Medical Practice deals with the preservation and disclosure of medical confidentiality.
Legal Reconstruction of DNA Screening Evidence of Schizophrenia in the Criminal Accountability System in Indonesia Veranika Santiani Fani; Riswadi
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.541

Abstract

The rapid advancement of genetic technologies, such as DNA screening for schizophrenia, presents both opportunities and challenges for the Indonesian criminal justice system. The paper investigates the necessity to restructure current norms to take into account scientific findings while respecting human rights, as well as the legislative framework controlling the use of schizophrenia DNA screening as evidence in criminal proceedings. This study combines an analysis of laws with a normative-empirical legal methodology, court decisions, and literature with insights from interviews with legal and health experts. The results show that the current Indonesian criminal procedure law, specifically Article 184 of the Criminal Procedure Code (KUHAP) and Article 44 of the Criminal Procedure Code (KUHP), does not explicitly recognize DNA-based evidence, creating legal uncertainty and potential human rights violations for defendants with mental disorders. The gap between genetic data protection in health law and criminal procedure regulations exacerbates the risk of misuse and ethical violations. This study recommends a progressive legal reconstruction that integrates DNA screening into the evidentiary system, ensuring clear legal legitimacy, procedural safeguards, and alignment with bioethical principles and international human rights standards. By establishing comprehensive regulations, technical guidelines, and developing institutional capacity, Indonesia can create a scientifically based, transparent criminal justice system that protects the rights of the accused, thus advancing substantive justice in the era of forensic technology.