Jurnal Hukum dan Etika Kesehatan

Legal Protection of Patient's Health Data in The Digital Era

2026-01-13T02:12:43+00:00

Digital transformation in the health sector has accelerated cross platform data exchange, while at the same time increasing the risks of privacy violations and patient information leakage. Law Number 27 of 2022 on Personal Data Protection and Law Number 17 of 2023 on Health emphasize the importance of secure and accountable medical data governance in Indonesia. This article aims to analyze the adequacy of legal protection for patient health data, with particular attention to regulatory coherence and existing normative gaps in the implementation of these two laws, as well as their relationship with the principles of medical ethics. This study applies a normative legal research method using a statutory approach, a conceptual approach, and a comparative approach. The statutory approach examines relevant legislation governing health data protection, while the conceptual approach explores ethical principles such as patient autonomy, confidentiality, and accountability. The comparative approach draws lessons from international regulatory practices to provide broader context. The findings indicate that although patient health data protection is explicitly regulated, significant gaps remain in practice, particularly regarding security standards, system interoperability, and the quality of digital consent. These weaknesses may undermine patient trust and increase legal and ethical risks. Therefore, this study recommends the implementation of Data Protection Impact Assessments, independent audits, and the integration of digital ethics into health professional education to strengthen accountability and sustain public trust, following best practices adopted in the European Union and the United States

Legal Protection for National Health Insurance (JKN) Participants in The Context of Substandard Healthcare Services

2026-01-07T03:33:24+00:00

The National Health Insurance (JKN) is a strategic program of the Indonesian government aimed at providing equitable and fair access to healthcare services. Although it has enrolled millions of participants, the quality of healthcare services received by participants remains a significant issue, including long queues, drug shortages, service discrimination, and alleged malpractice. This study aims to examine the legal protection of JKN participants who experience substandard healthcare services, as well as to identify challenges and solutions in its enforcement. A normative legal research method is employed, using both the statutory approach and the conceptual approach to analyze relevant legislation, legal doctrines, and fundamental concepts such as legal protection, the responsibilities of service providers, and standards of quality healthcare services. The results indicate that, normatively, legal protection for JKN participants is already regulated through various laws and regulations. However, the optimization of this protection still requires strengthening and clarification of regulations concerning service standards, complaint mechanisms, supervisory effectiveness, and inter-agency coordination so that the existing legal framework can function more effectively and ensure participants’ rights are fully guaranteed. Therefore, systematic regulatory reinforcement is needed, including the clarification of norms regarding the obligations of service providers, the formulation of simpler and measurable complaint and dispute resolution mechanisms, and the improvement of supervisory instruments and sanctions that provide legal certainty and enforceability.