Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
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This Author published in this journals
All Journal Jurnal Pendidikan Indonesia (Japendi) Journal of Law and Social Politics
Rommy Sebastian
Universitas Borobudur
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Feasibility of Automated Prescription by Artificial Intelligence in Telemedicine Based on Health Law Rommy Sebastian; Zainal Arifin Hoesein
Jurnal Pendidikan Indonesia Vol. 6 No. 7 (2025): Jurnal Pendidikan Indonesia (Japendi)
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/japendi.v6i7.8367

Abstract

Telemedicine as part of digital health services is officially regulated in Law No. 17 of 2023 concerning Health and implemented through Government Regulation No. 28 of 2024, but has not yet discussed the role of artificial intelligence as a prescription issuing entity. Meanwhile, Law No. 1 of 2024 concerning Electronic Information and Transactions recognizes the validity of electronic documents and digital signatures, opening up legal opportunities for the digitization of medical files. The aim of this study was to evaluate the legal feasibility of automated prescribing by artificial intelligence systems in Telemedicine, in particular reviewing the void of norms governing the "signer" status of prescriptions by artificial intelligence. The research method used is normative legal research; includes the study of national legislative texts, the interpretation of key articles, as well as comparisons with international practices from the FDA (US) and EMA (European Union). The analysis shows that the current national legal regime only recognizes licensed doctors as the authorized parties to sign electronic prescriptions, so artificial intelligence can only function as a "Clinical Decision Support System" without the legal right to issue prescriptions independently. The results of the study also highlight the legal risks for artificial intelligence platform organizers and developers if automatic prescriptions are not verified by medical personnel, including potential malpractice lawsuits and violations of the Consumer Protection Law. In conclusion, to realize the issuance of prescriptions carried out by artificial intelligence, it is necessary to amend the Health Law and/or sectoral regulations that formalize algorithm certification standards, periodic audit mechanisms, and a scheme for the division of legal responsibilities between artificial intelligence developers, platform providers, and supervising doctors.
Medicolegal Services in Hospitals: Ensuring Legal Certainty and Justice for Malpractice Victims of Misdiagnosis Rommy Sebastian
Journal of Law and Social Politics Vol. 4 No. 3 (2026): Journal of Law and Social Politics
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59261/jlsp.v4i3.134

Abstract

Background: Medicolegal services are essential for protecting patients affected by malpractice resulting from misdiagnosis. However, Law Number 17 of 2023 on Health and related regulations do not explicitly require standardized medicolegal units in hospitals, creating legal uncertainty, weak evidence management, and unequal positions between patients and medical professionals. Objective: This study aims to analyze the existing legal protections for patients affected by misdiagnosis, examine the necessity of medicolegal services in hospitals, and formulate a medicolegal service model that ensures legal certainty, proportional protection for patients and healthcare professionals, and justice in medical dispute resolution. Methods: This research employed a normative-empirical legal approach using statutory, conceptual, and comparative methods. Primary data were collected through interviews with medical practitioners, hospital legal officers, and forensic medicine experts, while secondary data were obtained from legislation, legal literature, and relevant academic sources. The data were analyzed qualitatively using a descriptive-analytical approach. Results: The findings reveal that current legal protections for patients remain fragmented and have not been integrated into a comprehensive hospital-based medicolegal system. The absence of mandatory medicolegal units weakens documentation, medical audits, and preliminary clarification processes, thereby reducing the effectiveness of dispute prevention and resolution. Conclusion: A standardized medicolegal service model is needed, supported by stronger legal foundations, clear authority, procedural standards, and the principles of legal certainty and justice, to create fairer and more effective medical dispute resolution.
Co-Authors Zainal Arifin Hoesein