Regulasi Layanan Kesehatan Digital di Indonesia: Tantangan Etis dan Hukum

Abstract

Digitalization promotes more effective and efficient health-care services. Following the COVID-19 epidemic, there has been a surge in global interest and investment in digital healthcare. WHO has issued guidelines and recommendations to countries in order for them to properly use telemedicine on a global scale. This is not only beneficial to people who want to protect themselves against COVID-19 and other diseases to which they may be susceptible, but it also has the potential to increase access to health care. There are various problems in integrating digital healthcare across the country in Indonesia, a country that does not yet have universal healthcare and struggles with high levels of skepticism in the public health system. Indonesian technology laws currently do not explicitly control telehealth, nor do suitable data protection regulations exist to manage the massive volumes of data generated by digital health services if adopted on a wide scale. Furthermore, there are concerns regarding the level of patient privacy, which may be jeopardized by digital health services. Aside from legal concerns about privacy, there is no framework in place to ensure informed consent in the context of digital healthcare. In this study, the researcher examines the legal, structural, and ethical difficulties surrounding digital health and offer insight into the problems caused by these flaws, as well as policy proposals to remedy these issues. The outcomes of the discussion indicate that data protection rules in Indonesia must address the different concerns listed above. Furthermore, gaps in health-care access and public-sector distrust make universal implementation of digital health services difficult. Aside from legal considerations, the digitalization of health services in Indonesia has ethical implications. The key ethical considerations are informed consent, which is a critical issue, particularly for marginalized groups with poor reading levels and communities that have historically been targets of medical exploitation.