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Ismail, Yana Chaeru Taufik
Department Of Law, Faculty Of Law, Universitas Islam Nusantara, Bandung, Indonesia
Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Traditional Health Service Tariffs and Patient Protection in Indonesia: A Legal Perspective Elijah Alexius Salim; Yana Chaeru Taufik Ismail
Research Horizon Vol. 6 No. 3 (2026): Research Horizon - Juni 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.3.2026.1151

Abstract

Traditional health services in Indonesia have gained formal recognition through Law Number 17 of 2023 concerning Health and Government Regulation Number 28 of 2024. However, these regulations mainly focus on administrative and technical aspects, while tariff regulation remains unaddressed. This study aims to analyze the legal framework governing traditional health services in Indonesia, identify normative gaps related to tariff regulation, and examine their implications for patient protection. This research employs a normative juridical method using statute, conceptual, and analytical approaches. The study relies on primary legal materials, including laws and regulations, supported by legal doctrines and scientific literature related to health law and consumer protection. The findings reveal that the absence of tariff standards creates legal uncertainty and strengthens information asymmetry between practitioners and patients. As a result, patients are placed in a vulnerable position and may experience exploitative pricing practices. Furthermore, the lack of tariff transparency potentially violates Law Number 8 of 1999 concerning Consumer Protection and may fulfill the elements of unlawful acts under Article 1365 of the Indonesian Civil Code through the doctrine of abuse of circumstances. Therefore, comprehensive regulatory reform is necessary to establish transparent, fair, and accountable tariff standards in traditional health services to ensure legal protection and distributive justice for patients.
The Role of Informed Consent in the Legality and Legal Protection of Medical Personnel Danetsye Samallo; Yana Chaeru Taufik Ismail
Research Horizon Vol. 6 No. 3 (2026): Research Horizon - Juni 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.3.2026.1152

Abstract

Medical professionals face litigation risks from legal uncertainty in medical procedures, highlighting informed consent as an important legal protection amid rising medical disputes in Indonesia. The purpose of this research is to analyze the role of informed consent in ensuring the legality of medical procedures, examine its legal construction as a basis for excluding criminal liability for medical personnel under Law Number 17 of 2023 concerning Health, and assess its application in digital health services and high-risk medical procedures. The research method used is normative juridical with a statute approach and a conceptual approach. The results of the study indicate that informed consent is not merely an administrative formality, but rather the primary legal basis that transforms invasive procedures into legally valid actions by fulfilling patient autonomy. Legally, informed consent functions as a justification (rechtvaardigingsgronden) that eliminates the material unlawfulness of medical procedures, as long as they are carried out according to professional standards and without information defects (vitiated consent). This study concludes that informed consent is an essential preventive legal protection instrument that eliminates criminal culpability through the principle of volenti non fit iniuria, provided that medical information is communicated effectively.
Juridical Review of Legal Protection Against Patient Medical Record Data Leaks in Hospitals Septiana Megaria; Yana Chaeru Taufik Ismail
Research Horizon Vol. 6 No. 3 (2026): Research Horizon - Juni 2026
Publisher : LifeSciFi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54518/rh.6.3.2026.1153

Abstract

The rapid growth of information technology in the healthcare sector has increased the risk of patient data breaches, making legal protection increasingly important in Indonesia, where weaknesses in hospital data security systems remain evident. This study analyzes legal protections for patient data and evaluates the effectiveness of their implementation. A normative juridical literature review method was used, involving systematic analysis of books, scientific articles, research reports, and relevant legal documents. The findings show that patient data protection is normatively regulated under Law Number 44 of 2009 on Hospitals, Law Number 17 of 2023 on Health, and Law Number 27 of 2022 on Personal Data Protection. These laws emphasize hospitals’ obligations to maintain patient confidentiality and restrict data access and use based on explicit consent. However, in practice, a significant gap remains between legal provisions and implementation. Weak data security infrastructure, limited awareness among healthcare personnel, and suboptimal law enforcement contribute to ongoing vulnerabilities. In conclusion, although the legal framework for patient data protection is well established, its effectiveness is still constrained by implementation challenges. Strengthening supervision, improving enforcement, and enhancing human resource capacity are essential to ensure more effective protection of patient data in Indonesia.
Co-Authors Danetsye Samallo Elijah Alexius Salim Septiana Megaria