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STATE LIABILITY IN EFFORTS TO PROTECT PATIENTS' RIGHTS TO CHOOSE HEALTH CARE FACILITIES IN THE FORM OF VACCINES AS A FORM OF HUMAN RIGHTS ENFORCEMENT Fikri, Abidin
International Journal of Social Service and Research Vol. 4 No. 11 (2024): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v4i11.1107

Abstract

Health is a fundamental aspect of human life, and the right to choose health care facilities, including vaccination, is crucial to the enforcement of human rights. In the digital age, the role of Artificial Intelligence (AI) in optimizing health services, particularly in vaccination distribution and monitoring, has become significant. AI systems can enhance transparency, accuracy, and accessibility in providing health care, but they also raise questions about accountability and ethical concerns. This study examines the state's responsibility in regulating the use of AI for the protection of patients' rights, focusing on AI's role in ensuring safe, licensed vaccines for children and equitable access to healthcare facilities. The study also analyses how AI could improve the state's efforts in fulfilling its human rights obligations by making healthcare more efficient and inclusive. A normative juridical method is employed, using a statutory and analytical approach, to explore the legal frameworks governing AI in health care and the state's responsibility. The findings reveal gaps in current legal protections against the use of unlicensed vaccines, and the unequal access to AI-supported health services for vulnerable groups, such as children. While AI can help identify and distribute vaccines more effectively, the state has yet to fully implement regulations that guarantee fairness and safety in AI-driven health services. The integration of AI into healthcare poses both opportunities and challenges, and the state must strengthen its accountability mechanisms to ensure AI supports human rights, especially children's right to access safe and reliable vaccinations.
Optimization of Health Service Facilities Through Intelligence Artificial Viewed from the Legal Perspective of Positivism Fikri, Abidin; Hoesein, Zainal Arifin
Journal of Multidisciplinary Sustainability Asean Vol. 1 No. 5 (2024)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/ijmsa.v1i5.1751

Abstract

Background. The use of Artificial Intelligence (AI) in Indonesia's healthcare sector presents an innovative solution to address challenges such as limited healthcare facilities and a shortage of medical personnel. In line with Article 4, Paragraph (1), letter c of Law No. 17 of 2023, every individual has the right to receive safe, quality, and affordable healthcare services. For AI to be successfully integrated into healthcare, it must align with legal principles based on positivism, with clear regulations to ensure accountability, security, and the quality of services provided. Purpose. This study aims to analyze the role of AI in optimizing healthcare facilities and improving the performance of medical personnel in Indonesia, while also exploring the legal challenges that arise in the use of AI in healthcare from the perspective of positivist law. Method. This research adopts a normative juridical approach, utilizing both a legislative approach and an analytical approach. The study examines relevant legal frameworks and regulations, analyzing how AI is incorporated into healthcare and the legal issues surrounding its use. Results. The study finds that AI plays a significant role in improving the efficiency of healthcare facilities and the performance of medical personnel in Indonesia. AI enhances diagnostic speed, reduces workloads, and improves service quality, especially in regions with a shortage of medical personnel. However, the study also identifies significant legal challenges, including issues related to accountability, patient data protection, and technical standards. Currently, the regulations governing these aspects are inadequate. Conclusion. AI has significant potential to optimize healthcare facilities and improve medical personnel performance in Indonesia. However, from the perspective of positivist law, clear and comprehensive regulations are necessary to address challenges related to accountability, data protection, and technology security. These regulations are crucial to ensure legal certainty and protection for all stakeholders involved in the healthcare system.