Adi Sukrisno, . (2026) PERLINDUNGAN HUKUM TERHADAP DOKTER DALAM PELAYANAN TELEFARMASI SEBAGAI BAGIAN DARI EKOSISTEM TELEMEDISIN DI INDONESIA. Tesis thesis, Universitas Pembangunan Nasional Veteran Jakarta.
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Abstract
This study examines the legal protection of doctors in telepharmacy services as part of the telemedicine ecosystem in Indonesia. Digital health transformation expands patient access to medical consultations, electronic prescription verification, drug information services, therapy monitoring, and remote drug distribution. However, this development has not been accompanied by specific and comprehensive legal regulation. Doctors, as physicians in charge of patients, play a central role in anamnesis, diagnosis, therapeutic decision-making, and the issuance of electronic prescriptions. Once a prescription is transmitted through a digital system, the service involves pharmacists, healthcare facilities, pharmacies, electronic system providers, digital platforms, and logistics providers. The involvement of multiple actors creates legal issues concerning the limits of authority, standards of prudence, validity of electronic informed consent, legality of electronic medical records, patient data security, and the distribution of liability in cases of medication error, system failure, data leakage, or errors in drug delivery. This study uses a normative juridical method with statutory, conceptual, and legal theory approaches. Primary legal materials include the 1945 Constitution of the Republic of Indonesia, Law Number 17 of 2023 concerning Health, Law Number 1 of 2024 concerning Electronic Information and Transactions, the 2023 Criminal Code, Government Regulation Number 28 of 2024, and relevant technical regulations. Secondary legal materials consist of books, journal articles, reports from international organizations, and legal doctrines on digital health law. The findings show that Indonesian positive law has recognized telehealth and telemedicine, but it has not explicitly regulated the legal protection of doctors in telepharmacy. Existing regulations remain sectoral and do not clearly determine when a doctor’s professional responsibility ends and when responsibility shifts to pharmacists, pharmaceutical service facilities, platforms, or electronic system providers. This condition creates risks of criminalization, civil lawsuits, administrative sanctions, and disproportionate disciplinary enforcement. This study proposes the Tiered and Distributed Causal Liability Model as a model of tiered and distributed causal liability. This model allocates responsibility based on the function, authority, level of control, and causal contribution of each actor. The study recommends the establishment of specific telepharmacy regulations, digital standard operating procedures, technology audits, stronger data security, and evidentiary mechanisms capable of distinguishing doctors’ professional errors from electronic system failures in a fair and measurable manner. Through this formulation, the study strengthens the balance between patient safety, digital service accountability, and legal certainty for the medical profession in the provision of information technology-based healthcare services in Indonesia in a safe, rational, proportional, and sustainable manner.
| Item Type: | Thesis (Tesis) |
|---|---|
| Additional Information: | [No. Panggil : 2410622045] [Pembimbing 1 : Abdul Kolib] [Pembimbing 2 : Handar Subhandi Bakhtiar] [Penguji 1 : Handoyo Prasetyo] [Penguji 2 : Slamet Tri Wahyudi] |
| Uncontrolled Keywords: | Telepharmacy, Legal protection, Digital healthcare services, Distributed causal liability |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Program Studi Hukum (S2) |
| Depositing User: | ADI SUKRISNO |
| Date Deposited: | 31 Aug 2026 03:40 |
| Last Modified: | 31 Aug 2026 03:40 |
| URI: | http://repository.upnvj.ac.id/id/eprint/53956 |
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