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Protection of Personal Data in Electronic Medical Records (RME) in Healthcare Facilities Reviewed from a Human Rights Perspective Seputra, Hawreyvian Rianda; Kuntardjo, Carolina; Riyandini, Krisnandifa Marshafira; Purwanto, Nanang Zuli
Rechtsvinding Vol. 3 No. 1 (2025)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.v3i1.665

Abstract

The advancement of digital technology has transformed medical record systems from conventional formats to Electronic Medical Records (EMRs). While EMRs enhance healthcare service efficiency, they also introduce challenges concerning the protection of patients’ personal data. Privacy issues have become increasingly critical and require examination from a human rights perspective, particularly the right to privacy and personal data protection. This study employs a normative qualitative method focusing on legal frameworks, human rights principles, and relevant regulations. Data were collected through literature reviews of national laws, international human rights conventions, academic journals, and official documents. A descriptive-qualitative analysis was used to construct a systematic and logical scientific argument. Findings show that patient data protection in EMRs is regulated under the Personal Data Protection Law and Ministry of Health regulations, emphasizing confidentiality, data integrity, and security in accordance with human rights standards. However, practical implementation faces several challenges, including inadequate technological infrastructure, low awareness among healthcare personnel, and weak oversight and law enforcement. These gaps result in a high risk of data breaches, driven by technical vulnerabilities, human error, misuse of access by internal staff, and the absence of effective monitoring systems. Although patients' rights to access and correct their data are legally acknowledged, consistent implementation across healthcare facilities remains limited.
Hybrid mediator panel: A legal pluralism framework for resolving medical disputes under the Indonesian health law Witri, Repelita; Widyastuti, Melita; Purwanto, Nanang Zuli; Putra, Marsudi Dedi; Kuntardjo, Carolina
Science Midwifery Vol 14 No 1 (2026): April: Health Sciences and related fields
Publisher : Institute of Computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/midwifery.v14i1.2319

Abstract

Background The transformation of medical-legal relationships from a paternalistic to a contractual model in Indonesia has triggered complex disputes that conventional, legalistic mechanisms often fail to resolve fairly. While Law No. 17 of 2023 mandates non-litigation resolution, the current mediation framework remains trapped in a state-centric paradigm that marginalizes professional ethics and social norms. Research Gap A critical research gap exists in the prevailing legal monism approach, which creates a "justice gap" by failing to synchronize the disciplinary reviews of Article 308 with criminal judicial processes, thereby leaving healthcare workers vulnerable to criminalization and patients without substantive restoration. Method This study employs a normative-prescriptive research method with a qualitative-synthetic conceptual development design to reconstruct the mediation function. Findings The findings introduce a "Hybrid Mediator Panel" and a "Multi-Layered Screening" mechanism as a functional reconfiguration of Article 310 of Law No. 17 of 2023. This model integrates state law, professional ethics (deontological), and living law (deliberation) into a single convergent system to ensure that settlement agreements are not only legally enforceable but also sociologically valid. Contribution This study provides a strategic blueprint for the Indonesian government to implement restorative justice in health law, ensuring legal certainty for medical professionals while simultaneously achieving holistic justice and therapeutic recovery for patients.