Pujiyono Suwadi, Priscilla Wresty Ayuningtyas, Shintya Yulfa Septiningrum, Reda Manthovani
{"title":"Legal comparison of the use of telemedicine between Indonesia and the United States","authors":"Pujiyono Suwadi, Priscilla Wresty Ayuningtyas, Shintya Yulfa Septiningrum, Reda Manthovani","doi":"10.1108/ijhrh-04-2022-0032","DOIUrl":null,"url":null,"abstract":"\nPurpose\nThis study aims to analyze the way Indonesian and the US laws regulate the reality and implications of legal issues regarding telemedicine, including the protection of citizens in using telemedicine.\n\n\nDesign/methodology/approach\nThis normative legal study used secondary data comprising primary and secondary legal materials based on the law as a norm. The normative legal method was used because the data were based on laws and regulations, reports, journals and research governing telemedicine in Indonesia and the USA.\n\n\nFindings\nThe results showed similarities between Indonesia and the USA regarding health services as part of protecting human rights. The differences in implementing telemedicine are from a legal aspect. The legal comparison of telemedicine implementation between the two countries resulted in differences in regulation, informed consent, medical records, practice licenses and medical prescriptions.\n\n\nResearch limitations/implications\nThis study discussed telemedicine’s legal aspects in Indonesia and the USA.\n\n\nPractical implications\nThis study aimed to determine the implementation and guidelines used by the USA to be considered for adoption by Indonesia for legal certainty.\n\n\nSocial implications\nThe results showed that legal threats could be a weakness of law in Indonesia. Therefore, the government should develop guidelines about telemedicine to accommodate citizens’ legal protection and certainty.\n\n\nOriginality/value\nThis study is original and could be used as a reference for policymakers in Indonesia and the USA in protecting citizens using telemedicine services. The findings provide a perspective based on Health Law in Indonesia.\n","PeriodicalId":14129,"journal":{"name":"International Journal of Human Rights in Healthcare","volume":" ","pages":""},"PeriodicalIF":1.2000,"publicationDate":"2022-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"13","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Human Rights in Healthcare","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1108/ijhrh-04-2022-0032","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"HEALTH POLICY & SERVICES","Score":null,"Total":0}
引用次数: 13
Abstract
Purpose
This study aims to analyze the way Indonesian and the US laws regulate the reality and implications of legal issues regarding telemedicine, including the protection of citizens in using telemedicine.
Design/methodology/approach
This normative legal study used secondary data comprising primary and secondary legal materials based on the law as a norm. The normative legal method was used because the data were based on laws and regulations, reports, journals and research governing telemedicine in Indonesia and the USA.
Findings
The results showed similarities between Indonesia and the USA regarding health services as part of protecting human rights. The differences in implementing telemedicine are from a legal aspect. The legal comparison of telemedicine implementation between the two countries resulted in differences in regulation, informed consent, medical records, practice licenses and medical prescriptions.
Research limitations/implications
This study discussed telemedicine’s legal aspects in Indonesia and the USA.
Practical implications
This study aimed to determine the implementation and guidelines used by the USA to be considered for adoption by Indonesia for legal certainty.
Social implications
The results showed that legal threats could be a weakness of law in Indonesia. Therefore, the government should develop guidelines about telemedicine to accommodate citizens’ legal protection and certainty.
Originality/value
This study is original and could be used as a reference for policymakers in Indonesia and the USA in protecting citizens using telemedicine services. The findings provide a perspective based on Health Law in Indonesia.
期刊介绍：
nternational Journal of Human Rights in Healthcare (IJHRH) is an international, peer reviewed journal with a unique practical approach to promoting race equality, inclusion and human rights in health and social care. The journal publishes scholarly and double blind peer-reviewed papers of the highest standard, including case studies and book reviews. IJHRH aims include: -To explore what is currently known about discrimination and disadvantage with a particular focus on health and social care -Push the barriers of the human rights discourse by identifying new avenues for healthcare practice and policy internationally -Create bridges between policymakers, practitioners and researchers -Identify and understand the social determinants of health equity and practical interventions to overcome barriers at national and international levels. The journal welcomes papers which use varied approaches, including discussion of theory, comparative studies, systematic evaluation of interventions, analysis of qualitative data and study of health and social care institutions and the political process. Papers published in IJHRH: -Clearly demonstrate the implications of the research -Provide evidence-rich information -Provoke reflection and support critical analysis of both challenges and strengths -Share examples of best practice and ‘what works’, including user perspectives IJHRH is a hugely valuable source of information for researchers, academics, students, practitioners, managers, policy-makers, commissioning bodies, social workers, psychologists, nurses, voluntary sector workers, service users and carers internationally.
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