A Legal Concept of Post COVID-19 Telemedicine Practices in Foundation and Corporate Hospital

Abstract

Hospitals have changed their services through technology and communication called telemedicine. This change was happened due to COVID-19 Pandemic and disruption of 4.0 industry revolution. Telemedicine practices happen in two types, which is the real time (synchronous telemedicine) using the phone or platform and the store-and-forward (asynchronous), where the patient and doctor compile the medical records and send it to the medical specialist for further diagnostic and medical recommendation. The regulation published by the Health Ministry on 2021 became ruling for telemedicine implementation and also the doctor's council regulation on 2020 had given the authority for doctors to practice telemedicine in the hospital where they work during the COVID-19 pandemic. However, telemedicine hasn't cover by a higher legislation, especially for post-pandemic situation in Indonesia. This problem is important, as the consequence of its legal relationship which each party in telemedicine has its legal certainty and furthermore, their legal protection. This research will be focusing on the philosophy of legal protection for hospital, doctor and patient through the concept of telemedicine by laws. It is a normative research, using the statute and conceptual approach. The research conclusion is an adjustment of a legislation will be needed, especially regarding the post-COVID 19 implementation of telemedicine and its legal protection held by the hospital