International Journal of Social Sciences and Humanities
Vol. 4 No. 2 (2026): International Journal of Social Sciences and Humanities

Legal Protection for Doctors in the Use of Robotic and Telerobotic Surgical Devices: Reconstruction of Distributed Causal Liability

Fachri Razi (Magsiter of Law, UPN “Veteran” Jakarta, Jakarta, Indonesia)
Handar Subhandi Baktiar (Magsiter of Law, UPN “Veteran” Jakarta, Jakarta, Indonesia)
Abdul Kolib (Magsiter of Law, UPN “Veteran” Jakarta, Jakarta, Indonesia)



Article Info

Publish Date
30 Jun 2026

Abstract

The development of health technology based on robotics, artificial intelligence, and digital telecommunication systems has encouraged the use of robotic and telerobotic surgical devices in medical procedures. These technologies improve surgical precision, expand access to specialist services, and strengthen the digital transformation of health care. However, their use also raises new legal issues, particularly regarding the limits of physician liability when patient harm results from system failure, network disruption, software error, or robotic device malfunction. This article analyzes the current legal framework for robotic and telerobotic surgical devices in Indonesia and formulates a legal protection model for physicians. This study applies normative legal research using statutory, conceptual, and comparative approaches. The findings show that Law Number 17 of 2023 concerning Health, Government Regulation Number 28 of 2024, and Minister of Health Regulation Number 3 of 2025 have not specifically regulated robotic surgery and telerobotic surgery. As a result, the distribution of liability among physicians, hospitals, technology providers, system operators, and medical device manufacturers remains normatively unclear. This article recommends the adoption of specific regulation and the implementation of the Tiered and Distributed Causal Liability Model, so that legal responsibility can be allocated proportionally based on the source of error, degree of control, and causal contribution of each actor.

Copyrights © 2026






Journal Info

Abbrev

ijssh

Publisher

Subject

Arts Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

(IJSSH). It is an international refereed journal in english published four monthly (every February, June, and October). The IJSSH is an international peer-reviewed, electronic, online journal in english that provides rapid publication of articles in all areas of the social science, humanity and ...