Hawreyvian Rianda Seputra
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

Dispute Resolution Between Patients And Perpetrators Who Provide Access To The Contents of Electronic Medical Records (RME) Unlawfully Hawreyvian Rianda Seputra; Imam Ropii; Carolina K; Marsudi Dedi Putra
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2358

Abstract

This study aims to describe and analyze the form of violation of the law committed by the perpetrator who gives unauthorized access to the content of RME documents that cause disputes with patients and analyzes the dispute resolution mechanism due to the violation of the law that harms the patient. The research method used is normative juridical with legislative, conceptual, and case approaches, and is supported by secondary data in the form of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that: 1) Forms of violation of the law committed by perpetrators who provide unauthorized access to the contents of RME documents include opening, sending, or disseminating patient medical record data without consent or a valid legal basis, which is contrary to Law Number 17 of 2023 concerning Health, Law Number 27 of 2022 concerning Personal Data Protection, and Regulation of the Minister of Health Number 24 of 2022 concerning Medical Records,  so as to cause both material and immaterial losses for patients; 2) Dispute resolution due to violations of the law by the perpetrator who gives unauthorized access to the contents of RME documents that are detrimental to the patient can be pursued through civil law on the basis of Article 1365 of the Civil Code, where the patient has the right to file a lawsuit for compensation for unlawful acts, as well as non-litigation settlements such as mediation within the hospital or through alternative dispute resolution institutions,  However, the effectiveness of protecting patients' rights depends heavily on the implementation of an adequate data security system, health facilities' compliance with regulations, and the legal awareness of actors in maintaining confidentiality and protection of patient data.
Online Hospital Medical Dispute Resolution Model To Create Fairness Hawreyvian Rianda Seputra; Dewi Iryani; Gradios Nyoman Tio Rae
Journal of Law, Politic and Humanities Vol. 6 No. 3 (2026): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i3.3084

Abstract

This study aims to analyze the arrangement and implementation of online medical dispute resolution in hospitals to ensure legal certainty, as well as formulate an ideal form of the resolution model to realize justice in the future. The research method used is normative juridical with a qualitative approach through a statute approach to health regulations and electronic transactions. Legal materials were collected through literature studies at the National Library and analyzed descriptively analytically to answer the complexity of medical disputes in the digital ecosystem. The arrangement for online medical dispute resolution currently still relies on Law Number 17 of 2023 concerning Health, which requires non-litigation mediation as a first step, as well as the ITE Law as the basis for the validity of electronic documents. Implementation in hospitals is still fragmentary through medical committees or internal complaint units that are limited to simple online communication, but do not yet have special regulations for Online Dispute Resolution (ODR) outside the courts that comprehensively regulate mediator standards and data security. The condition of the absence of a standard standard creates legal uncertainty, especially regarding the strength of execution of the results of online mediation agreements. The ideal model of the future requires an integrated ODR platform that includes video mediation features, encrypted medical records, as well as the involvement of a certified neutral mediator who understands health law and professional ethics. This system prioritizes the principle of restorative justice to restore the therapeutic relationship between patients and medical personnel through a transparent, efficient, and accountable process.