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All Journal PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Pembaharuan Hukum Unram Law Review Syntax Literate: Jurnal Ilmiah Indonesia Jurnal Review Pendidikan dan Pengajaran (JRPP) Jurnal Ilmiah Dunia Hukum JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Jurnal Cahaya Mandalika Jurnal Kesehatan Tambusai Jurnal Ilmiah Wahana Pendidikan GOVERNANCE: Jurnal Ilmiah Kajian Politik Lokal dan Pembangunan Innovative: Journal Of Social Science Research Research Horizon Law and Justice Journal Delik Adpertisi
Arman Lany, Arman
Unknown Affiliation
Religion Arts Humanities Computer Science & IT Dentistry Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Nursing Public Health Social Sciences Other

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The Legal Certainty of Medical Malpractice in Relation to Working Hour Violations Ikhsan, M.; Lany, Arman
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.895

Abstract

The medical profession faces significant legal risks related to malpractice allegations, partly driven by physician fatigue resulting from excessive working hours. In Indonesia, the absence of specific regulations on maximum working hours for physicians creates legal uncertainty and tends to place full responsibility on individual practitioners. This study aims to analyze the legal certainty afforded to doctors in malpractice cases associated with work-related fatigue and violations of working hour standards based on prevailing laws and regulations. Using a normative juridical method with a literature study approach, the research examines secondary data consisting of primary legal materials, including the 1945 Constitution, Law Number 6 of 2023 on Job Creation, and Law Number 17 of 2023 on Health, along with secondary legal materials analyzed qualitatively. The findings show that although no explicit working hour regulations for physicians exist, legal protection can still be grounded in current laws. The Manpower Law provides standard working hour guidelines, while the Health Law obliges healthcare facilities to ensure the safety and well-being of medical personnel. Therefore, legal responsibility for malpractice caused by fatigue due to excessive work systems should not rest solely on individual physicians but may also be attributed to healthcare institutions as employers.
Legal Protection of Personal Data in the Exchange of Electronic Medical Record in Healthcare Services Takaryanto, Davin; Lany, Arman
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.897

Abstract

Digital transformation in Indonesia’s health sector has fundamentally changed the way patient information is collected, stored, and managed through Electronic Medical Records (EMR). This study aims to (1) map the active legal basis governing the confidentiality of EMRs in Indonesia; (2) identify normative and practical gaps in its implementation; (3) propose auditable technical and governance standards for healthcare facilities and system providers; and (4) outline procedural and judicial mechanisms for resolving health data breach disputes. Using a normative legal approach, this study analyzes the constitutional, legislative, and regulatory legal framework, such as Law Number 17 of 2023 concerning Health, Law Number 27 of 2022 concerning Personal Data Protection, Law Number 1 of 2024 concerning Electronic Information and Transactions, Government Regulation Number 71 of 2019, and Minister of Health Regulation Number 24 of 2022. The results of the study show overlapping authorities, weak institutional coordination, and the absence of procedural standards related to the verification of RME in court. The study’s findings reveal that EMR confidentiality protection in Indonesia is weak not due to a lack of legal regulations, but due to inadequate technical readiness and governance for its implementation.
A Judicial Analysis of the Need for Medical Dispute Court in Resolving Health Disputes Ramadhanti, Dita Annisa; Lany, Arman
Research Horizon Vol. 5 No. 6 (2025): Research Horizon - December 2025
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.5.6.2025.898

Abstract

Medical disputes in Indonesia are handled through fragmented mechanisms such as disciplinary bodies, mediation, and general courts, resulting in overlapping authority, lengthy procedures, and legal uncertainty due to the absence of a specialized forum with integrated legal and medical expertise. This study aims to analyze the legal basis and urgency of establishing a Medical Dispute Court following the enactment of the Health Law of 2023. Using a normative juridical method with statutory, conceptual, and case approaches, this research examines relevant constitutional provisions and the new health legislation. The findings reveal that the establishment of a Medical Dispute Court has a strong foundation in the 1945 Constitution and the Health Law of 2023, and is urgently needed to ensure legal certainty, substantive justice, and balanced protection of rights.  These findings imply that the establishment of a specialized Medical Dispute Court is a strategic policy instrument to integrate fragmented dispute resolution mechanisms, enhance legal certainty, and ensure balanced legal protection for patients and medical professionals within Indonesia’s health law system.
Civil Legal Relationship between Doctors and Patients in Online Health Services Arismunandar, Muhammad; Lany, Arman
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v10i1.6558

Abstract

The background to this research is unclear regulations regarding online healthcare services provided via the internet. Law Number 29 of 2004 concerning Medical Practice defines a patient as an individual who consults with a doctor directly or indirectly and requires the patient to provide honest and good faith information. However, its implementation in online services remains legally uncertain. This study aims to analyze the legal framework governing online healthcare services in Indonesia, examine whether doctor–patient relationships in online services comply with professional standards and medical ethics, and identify legal gaps arising from their implementation. The research employs a normative legal research method using statute and conceptual approaches, supported by primary, secondary, and tertiary legal materials obtained through literature review. The findings show that online healthcare services remain legally grounded in therapeutic agreements based on good faith, professionalism, and informed consent, even without direct physical interaction. However, current regulations are not yet comprehensive, particularly concerning electronic consent, platform responsibility, and dispute resolution mechanisms. In conclusion, although online healthcare services are legally permissible, clearer and more integrated regulations are required to ensure legal certainty, patient protection, and professional accountability in digital healthcare practices.
Legal Protection of Personal Health Data in Electronic Health Records in Indonesia Arie Hidayat, Teuku; Gede Andi Kurniawan, Dewa; Lany, Arman
Jurnal Ilmiah Dunia Hukum VOLUME 10 ISSUE 1 OCTOBER 2025
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v%vi%i.6561

Abstract

Digital transformation in Indonesia’s healthcare sector, particularly through Electronic Health Records (EHR), has improved efficiency and accuracy in managing patient data. However, protecting personal health information remains a major challenge. This study aims to analyze data protection within the EHR system in Indonesia, particularly in relation to existing regulations, such as Law Number 17 of 2023 on Health and Law Number 27 of 2022 on Personal Data Protection (PDP Law). Using a juridical normative approach and literature review, the study examines relevant legal documents. The research findings show that although regulations related to data protection are quite comprehensive, their implementation on the ground still faces obstacles such as a lack of legal awareness, infrastructure disparities, and limited human resources in hospitals. Furthermore, there is an overlap of authority between the Ministry of Health and the data protection authority, which could create legal gaps. The study recommends developing more specific regulations, strengthening inter-agency coordination, and enhancing hospital capacity to manage patient data security. While Indonesia has a robust legal framework, improvements in technical implementation, supervision, and hospital preparedness are essential to ensure effective protection of patient data within the EHR system.
Co-Authors Anailyka, Putrinda Wisty Angkasa Ramatuan Hamdan Arie Hidayat, Teuku Arismunandar, Muhammad Atmaja, Deni Bihar, Syamsul Bomba, Ignasius Yulianus Jagkson Brilliant, Yusuf Ciptawan, Beni Davin Takaryanto Dwitamma, M. Adib Erna Ambarwati Fahrudin, Aziz Farhan, M.Ibnu Fauzi Rahman Gede Andi Kurniawan, Dewa Gladys Haryanto Hikmah, Wilma Nurul Hutagaol, Roy Richardo Jayanti, Yeni Eka Jie, Elvin Shon Kusrini, Nita Laras Budiyani, Laras Lorentzon, Elmend M. Ikhsan Manueke, Sherwin F. Marpaung, Yohan Edward Marseda, Achmad Trisana Novita, Novita Anggraini Nugroho, Enggar Adi Pantja P, Emilia Saminoe Prastyo, Anggodo Rahayu Prayuti, Yuyut Puspitasari, Ammi Amanda Putra, Muhammad Adib Dwitamma Putri, Junia Putri, Radhita Sylvia Rahmawesih, Rahmawesih Ramadhanti, Dita Annisa Rosidah, Erni Sadroi, Ado Santi Widiasari Santika, Made Sari, Novia Eka Satyaningrum, Diah Silitonga, Lamria Srigantiny, Fivit Sujana, I Kadek Eka Takaryanto, Davin Triyana, Yudhan Waworuntu, Aprisia N. Widya Widya, Widya Yudiman, Twody Yulistiawati, Novitri Yuyut, Prayuti