Arena Hukum
Vol. 17 No. 2 (2024): (In Press)

Construction of Telemedicine Implementation License Arrangements Application Based in Indonesia

Shinta Hadiyantina (Faculty of Law, Universitas Brawijaya)
Dina Imam Supaat (Faculty of Syariah and Law Universitas Sains Islam Malaysia)
Xaviera Qatrunnada Djana Sudjati (Faculty of Law, Universitas Brawijaya)
Nur Auliya Rahmatika (Faculty of Law, Universitas Brawijaya)
Tiara Maharani (Faculty of Law, Universitas Brawijaya)



Article Info

Publish Date
08 Aug 2024

Abstract

Health services are now in the palm of our hands, known as telemedicine. Application-based telemedicine services that tend to be in demand by the public are technology companies that serve in the field of teleconsultation. Teleconsultations of interest to users in Indonesia are e-services in collaboration with healthcare providers, pharmaceutical service providers, or maternity service providers. Looking at the existing legal vacuum compared to Malaysia and Singapore, which have both developed telemedicine for the community, researchers see that there is no very significant regulation of the implementation guidance and supervision of telemedicine services, especially on application-based teleconsultation developed by technology companies. The type of research used is Juridical-Normative research. Researchers use laws and regulations in Indonesia as well as regulatory comparisons with Malaysia and Singapore. The approaches used by researchers are the statutory approach, conceptual approach, and comparative approach. The aim is to create specific ideas in the implementing regulations for licensing the implementation of application-based telemedicine in Indonesia. The results show that there is no specific licensing arrangement for the implementation of application-based telemedicine developed by technology companies in Indonesia. More specific arrangements can be outlined in Government Regulations by the hierarchy of laws and "beleidsregel" with discretionary authority owned by Administrative Officials to fill the legal vacuum (rechtsvacuum) by the legal adage Lex Semper Dabit Remedium which means "the law always provides a cure or solution to a problem" this is in line with the spirit of progressive law in society.

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