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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Journal of Law, Poliitic and Humanities
Imam Ropii
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Social Sciences Other

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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.
CIVIL LIABILITY OF BUSINESS OPERATORS IN TRADITIONAL HEALTH SERVICES THAT CAUSE HARM TO CLIENTS Teguh Adi Partama; Carolina; Imam Ropii; Marsudi Dedi Putra
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 1 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18612431

Abstract

Traditional health services are increasingly sought by the public as an alternative or complement to modern medical treatment. Although these practices are recognized within Indonesia’s national legal system, existing regulations remain incomplete, particularly concerning civil law liability when harm occurs to clients. This study analyzes the forms of liability borne by business actors, including liability arising from tort and default, as well as mechanisms for dispute resolution and compensation. Employing a normative juridical method, this research integrates statutory, conceptual, and case approaches. Data were collected through literature studies and analyzed qualitatively. The findings indicate that business actors may be held legally accountable under Article 1365 and Article 1239 of the Indonesian Civil Code. Liability may result in both material and immaterial compensation, provided in accordance with applicable positive law in Indonesia. Strengthening regulations on traditional health services is therefore essential to ensure legal certainty and protection for consumers while maintaining professional accountability.
LEGAL PROTECTION FOR SURGEONS AGAINST MEDICAL NEGLIGENCE RESULTING IN PERMANENT DISABILITY IN PATIENTS Yatindra, Ida Bagus Tatwa; Carolina Kuntardjo; Marsudi Dedi Putra; Imam Ropii
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 2 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18459564

Abstract

This study examines the legal protection afforded to surgeons in cases of medical negligence resulting in permanent disability to patients within the Indonesian legal system. The issue arises from the high-risk nature of surgical procedures, where adverse medical outcomes are often directly associated with legal liability, potentially leading to the criminalization of medical professionals. This research employs a normative legal research method using a qualitative approach, incorporating statutory and case approaches through the analysis of legislation, court decisions, and legal doctrines related to medical malpractice. The findings indicate that surgeons’ liability for medical negligence is regulated through a layered legal regime encompassing criminal, civil, and professional disciplinary mechanisms as stipulated in Law Number 17 of 2023 on Health, the Criminal Code, and the Civil Code. The study further reveals that legal protection for surgeons is conditionally provided when medical actions comply with professional standards, standard operating procedures, and ethical principles, supported by mechanisms such as informed consent and professional disciplinary review. Ultimately, the regulation of medical negligence aims to ensure patient rights recovery while preventing excessive criminalization of the medical profession, thereby maintaining the sustainability and quality of healthcare services.
Co-Authors Carolina Carolina K Carolina Kuntardjo Hawreyvian Rianda Seputra Marsudi Dedi Putra Teguh Adi Partama Yatindra, Ida Bagus Tatwa