S., Hartati
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Perlindungan Data Pribadi Pasien dalam Pengelolaan Rekam Medis Elektronik di Indonesia: Legal Aspects of Electronic Medical Records in Personal Data Protection in Indonesia Rosnida; S., Hartati; Niartiningsih, Andi
Jurnal Hukum dan Etika Kesehatan Vol 6 No 2 (2026): VOLUME 6 NO 2
Publisher : Magister Ilmu Hukum - Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/jhek.v6i2.336

Abstract

The digitalization of healthcare services in Indonesia has accelerated the implementation of Electronic Medical Records (EMRs) as a primary instrument for managing patients’ health data. However, the utilization of EMRs also increases the risk of breaches of confidentiality and misuse of patients’ personal data, which constitute part of the right to privacy protected by law. This study aims to analyze the protection of patients’ personal data in the management of Electronic Medical Records in Indonesia and to formulate the necessary legal reinforcement measures to ensure the security of patients’ health data. This research employs a normative juridical method using both statutory and conceptual approaches. The analysis focuses on Law Number 17 of 2023 concerning Health, Law Number 27 of 2022 concerning Personal Data Protection, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, and Minister of Health Regulation Number 24 of 2022 concerning Medical Records. The findings indicate that the protection of patients’ personal data within the EMR system has been normatively regulated through obligations to maintain the confidentiality of health data, restrictions on access to patient information, requirements for implementing electronic security systems, and the imposition of sanctions for personal data violations. Nevertheless, these regulations still face several challenges, including the absence of integrated health data security standards, suboptimal supervisory mechanisms, and unclear allocation of legal responsibility in cases of patient data breaches.