Lex Scientia Law Review
Vol. 10 No. 2 (2026): November, 2026

Legal Construction of Telesurgery in National Health Law

Dewi Bunga (Department of Law, Faculty of Dharma Duta, Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar, Denpasar, Indonesia)
Reno Rudiman (Faculty of Medicine, Universitas Padjajaran, Bandung, Indonesia)
Putu Kussa Laksana Utama (Bernoulli Institute for Mathematics, Computer Science and Artificial Intelligence, University of Groningen, Groningen, Netherlands)
Desyanti Suka Asih K.Tus (Doctor of Law Study Program, Universitas Padjadjaran, Bandung, Indonesia)
Ni Made Rai Kristina (Department of Law, Faculty of Dharma Duta, Universitas Hindu Negeri I Gusti Bagus Sugriwa Denpasar, Denpasar, Indonesia)



Article Info

Publish Date
13 Aug 2026

Abstract

The development of health technology must be accompanied by the establishment of robust healthcare laws to safeguard both healthcare professionals and patients from potential risks and losses arising from errors in telesurgery. In light of this, three key issues are formulated in this study: namely the development of telesurgery in the legal framework, the legal construction of telesurgery and legal responsibility in the event of errors in telesurgery. This study is a normative legal analysis examining the regulatory framework governing telesurgery and the legal responsibilities arising from potential errors. A literature review serves as the primary method for collecting both primary and secondary legal sources. The research employs a legislative and conceptual legal approach, with qualitative analysis used to address the identified issues. Legal frameworks for the regulation of telesurgery must be developed at both the international level, particularly in relation to jurisdiction, and the national level, focusing on medical standardization in its implementation. The practice of telerobotic surgery must be regulated by law, derived from policy regulations, and regulated by internal guidelines from surgeons. At a minimum, several legal elements must be addressed, including jurisdiction, ethics committees within surgical organizations, inter-ministerial collaboration, the legal relationship between patients and physicians, pre-operative explanations and informed consent, legal accountability, medical confidentiality, medical team requirements, and information security management systems.  Legal liability for failed surgical procedures may arise in cases of errors, whether intentional or due to negligence.

Copyrights © 2026






Journal Info

Abbrev

lslr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Lex Scientia Law Review [P-ISSN 2598-9677 | E-ISSN 2598-9685] is one of the prominent journals in Indonesia under the auspices of the Faculty of Law at Universitas Negeri Semarang, Indonesia, has established itself as a preeminent platform for legal ...