JHCLS
Vol. 6 No. 2 (2026): Journal of Human Rights, Culture and Legal System

Rethinking Patient Protection and Legal Accountability in Artificial Intelligence Assisted Orthopedic Surgery

Arief Budiono (Faculty of Law, Universitas Muhammadiyah Surakarta, Sukoharjo)
Clarizze Yvoine Mirielle (Université de la Rochelle, Ra Rochelle)
Achmadi Achmadi (Faculty of Law, Universitas Muhammadiyah Surakarta, Sukoharjo)
Mohammad Indra Bangsawan (Faculty of Law, Universitas Muhammadiyah Surakarta, Sukoharjo)
Siti Soekiswati (Faculty of Law, Universitas Muhammadiyah Surakarta, Sukoharjo)



Article Info

Publish Date
29 Aug 2026

Abstract

The growing adoption of artificial intelligence in healthcare has improved clinical assessment, surgical planning, decision making, and orthopedic procedures, while simultaneously raising legal concerns regarding patient safety, professional responsibility, personal data protection, and accountability for technology supported clinical decisions. This study examines the adequacy of legal protection for patients receiving AI assisted orthopedic surgical services in Indonesia and develops a regulatory framework that strengthens patient rights and legal certainty. The study applies an empirical legal research method through observation and in-depth interviews, complemented by an analysis of relevant laws and regulations governing healthcare services, medical practice, digital technology, and patient protection. The findings reveal three main issues, first, the Indonesian legal framework does not specifically regulate the use of AI in clinical decision making, particularly when AI contributes to medical errors or patient harm. Second, existing regulations do not clearly allocate legal and professional responsibility among physicians, healthcare institutions, and technology developers involved in AI assisted orthopedic surgery. Third, Indonesia requires an integrated regulatory framework that establishes clear standards for professional accountability, informed consent, patient safety, clinical supervision, cybersecurity, personal data protection, and electronic medical records to ensure that AI assisted orthopedic surgery operates safely, transparently, accountably, and consistently with patients’ rights.

Copyrights © 2026






Journal Info

Abbrev

JHCLS

Publisher

Subject

Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice

Description

Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...