TINJAUAN YURIDIS PRAKTIK KEDOKTERAN MELALUI TELEMEDICINE DALAM KONDISI PANDEMI COVID-19

Abstract

The Covid-19(Coronavirus Disease 2019) pandemic is a public health
emergency that causes significant changes in people's lives. Physical distance
restrictions encouraging accelerated disruption in health services, including the
application of telemedicine in medical practice in various countries including
Indonesia (WHO, 2020). The regulation regarding telemedicine in Indonesia,
Peraturan Menteri Kesehatan Nomor 20 Tahun 2019 tentang Penyelenggaraan
Pelayanan Telemedicine Antar Fasilitas Pelayanan Kesehatan,did not covering the
practice of telemedicine in the form of direct clinical teleconsultation between
health service providers and health service users (in this case : the patient) so that
it can become a legal loophole.This study aims to determine and juridically
examine medical practice through telemedicine in the conditions of the Covid-19
pandemic in Indonesia and to analyze appropriate legal policies in the regulation
of telemedicine practice in Indonesia in the conditions of the Covid-19 pandemic
and beyond.
This study uses a juridical-empirical research method, with a socio-legal
approach. The socio-legal approach is carried out through textual studies of laws
and regulations and policies that are analyzed critically, and through socio-legal
analysis of empirical data in the field.
In terms of using telemedicine during the Covid-19 pandemic, all doctor
respondents stated that the use of telemedicine is important (3 respondents /
15.8%), very important (6 respondents / 31.6%) and very important (10
respondents / 52.6%). All doctors' respondents stated that the existence of specific
rules regarding telemedicine was considered important (1 respondent / 5.3%),
very important (5 respondents / 26.3%) and very important (13 respondents /
68.4%). The issuance of Peraturan Konsil Kedokteran Indonesia Nomor 74 tahun
2020 Tentang Kewenangan Klinis dan Praktik Kedokteran Melalui Telemedicine
pada Masa Pandemi Corona Virus Disease 2019 (Covid-19) provides legal
certainty for doctors and dentists, in carrying out medical practice during the 2019
Corona Virus Disease pandemic ( COVID-19), but there are still legal aspects that
have not been covered, including the problem of patient data security and privacy,
so that new regulations are needed equivalent to laws that specifically regulate
medical practice through telemedicine, especially in the form of direct clinical
teleconsultation between doctors and patients.
Keywords :Covid-19 Pandemic, Telemedicine, Progressive Law, Juridical-
Empirical