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All Journal Jurnal Ilmu Kedokteran dan Kesehatan Serambi Saintia : Jurnal Sains dan Aplikasi LEGAL BRIEF Future Academia : The Journal of Multidisciplinary Research on Scientific and Advanced
Lidiawati, Meri
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Agriculture, Biological Sciences & Forestry Biochemistry, Genetics & Molecular Biology Computer Science & IT Economics, Econometrics & Finance Education Health Professions Immunology & microbiology Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Journal : LEGAL BRIEF

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The Application of Artificial Intelligence (AI) in Health Services within the Context of Positive Legality in Indonesia Westiartika, Dhira Taramadia; Agustina, Ria; Anas, Kamal; Abdulhamid, Muhammad; Lidiawati, Meri; Prayuti, Yuyut
LEGAL BRIEF Vol. 14 No. 2 (2025): June: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i2.1320

Abstract

The quality and efficiency of healthcare services have changed significantly due to advances in digital technology and artificial intelligence (AI) in the medical field. However, these advances also present various legal, ethical, and social obstacles that require serious consideration. This study investigates the application of AI in the medical field from a progressive and responsive legal perspective. Using normative juridical methods and qualitatively analyzed secondary data. This study aims to establish adaptive regulations that can adapt to the changing nature of technology while protecting the integrity of medical services and patient rights. This study also shows the importance of integrating human and spiritual values ??into the application of medical technology to ensure that healthcare services are holistic and focused on patient welfare. The study findings suggest that the establishment of a safe, equitable, and sustainable digital health ecosystem depends on the collaboration of policymakers, medical personnel, technology experts, and the public. Therefore, to optimize the advantages of technology and reduce risks in the future healthcare sector, it is important to establish responsive and inclusive regulations based on lex specialist.
Judicial Discovery of Law in Normative Gaps of Contemporary Medical Case Abdulhamid, Muhammad; Agustina, Ria; Anas, Kamal; Lidiawati, Meri; Westiartika, Dhira Taramadia
LEGAL BRIEF Vol. 14 No. 6 (2026): February: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i6.1536

Abstract

The rapid evolution of medical technology increasingly outpaces the parameters of ethical-legal frameworks regarding passive euthanasia, genetic data sourcing and processing, and digital informed consent, thereby creating significant legal lacunae that engender profound ethical-legal dilemmas. When statutory provisions offer no explicit guidance, judges are compelled to resort to rechtsvinding, the construction of law through interpretative, analogical, and creative application of sub-statutory measures available to them. This legal research aims to assess the mechanisms and methodologies employed by judges to utilize rechtsvinding in bridging systemic functional deficiencies in law as applied to medical malpractice. Using conceptual-analytical methods supported by case study approaches, this research investigates issues of patient autonomy, medical beneficence, and the medical practitioner's legal duty of care in precluding harm, through analysis of multiple court decisions. The findings demonstrate that judicial integration of medical ethical principles becomes a predominant factor when medical law remains silent across numerous legal domains relevant to medical malpractice adjudication. Ultimately, this facilitates the development of a more robust health legislative framework wherein judicial practice addresses specific substantive problems and expands the scope of medical law. This research substantiates the claim that rechtsvinding functions as a critical instrument for protecting public health in the construction and development of law.
Co-Authors Ade Kiki Riezky Aditya Candra, Aditya Agustina, ria Anas, Kamal Atika, Ratih Ayu Auliani, Fia Dewi Bahraini, Putri Bastian, Farid Burhanuddin Burhanuddin Elmiyati Fadhil, Iziddin Feriyani Feriyani, Feriyani Firyal, Anisah Fuadi Fuadi Hafiza, Rania Muhammad Abdulhamid Mulia, Andi Nora, Syarifah Prayuti, Yuyut Safirza, Satria Siti Aisyah Westiartika, Dhira Taramadia