A Juridical Analysis on the Usage of Artificial Intelligence in Medical Instruments from the Perspective of the Indonesian Law No. 17 of 2023

Abstract

Introduction: The quick development of artificial intelligence (AI) has spread to various sectors of health, including health technology. However, in line with the development of AI in the medical sector, complex medicolegal (legal and ethical) issues that health professionals, researchers, and policymakers must face start to emerge, such as the lack of legal regulations that govern AI, the issue of patient security and privacy, as well as who must take legal responsibility in case a certain issue occurs. This research aims to analyze how AI is used in health instruments from the perspective of Indonesian Law No. 17 of 2023 using a juridical analysis. Specifically, it aims to analyze the legal position of AI; telehealth and telemedicine in the Indonesian Health Law; the importance of data in the usage of AI in the health sector; risks in Using AI in the medical field; regulations on the use of AI in the medical field; and the implementation of telesurgery with the help of AI.Methods: This research employed the normative juridical research method with a doctrinal characteristic. It employed the statute approach. It means research based on previous research data, library data, systematic reviews and laws and regulationsResults: Law No. 17 of 2023 on Health has not regulated the use of artificial intelligence (AI). These unclear regulations may endanger the position of doctors and patients. The lack of regulations that govern medical services between doctors and patients via AI may lead to legal uncertainty. This will certainly lack providing AI service scope for patients and doctors, especially on the safety of utilizing telesurgery in long-distance surgeries. Telesurgery offers certain benefits for patients and doctors but its practice must consider the legal and ethical aspects.Conclusions: There should be regulations that govern the use of AI based on the medical ethical code and the ethical values that apply in society so that its use may always prioritize human interests.

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