Legal Aspects of Therapeutic Agreements in Online-Based Health Services (Telemedicine)

Abstract

The purpose of this study is to determine the legal aspects of therapeutic agreements using online-based health services in the relationship between doctors and patients. At the beginning of the pandemic, the spread of Coronavirus Disease-2019 (COVID-19) developed very quickly, one of the government's steps in preventing the spread of COVID-19 was to limit face-to-face health services through the use of telemedicine or online-based health services. Telemedicine is the use of information and communication technology combined with medical expertise to provide health services without being limited in space or carried out remotely. Currently, although it is still in progress, the implementation of telemedicine application services continues to be used and has experienced a rapid increase in use. The research method used is normative law. The results of the research method concluded that: in online-based health services therapeutic agreements between doctors and patients still occur even though they do not face each other directly, electronic agreements that are binding for the parties are agreements that have fulfilled the requirements of a valid agreement as in Article 1320 of the Civil Code. And there is still no specific legal certainty in the use of online-based health services.