Implementation of the Precautionary Principle in Determining the Diagnosis of Patient Diseases Through Telemedicine Consultation

  ABSTRACT : Humans are social beings, namely beings who are naturally living in society. As social beings, humans need other humans who live in society. Realize it or not to fulfill their life needs in exercising the rights and obligations to obtain health. Organizing effective and efficient health efforts requires health information, health information as referred to is carried out through an information system and through cross-sectors. In addition, further provisions regarding the information system as referred to are regulated by Government Regulation. it is emphasized that everyone has the right to health and even everyone has the same rights in obtaining access to resources in the health sector. Likewise, everyone has the right to obtain safe, quality, and affordable health services. The research method uses a normative legal method using an analysis method that is qualitative analysis with a statutory regulatory approach. 1. Legal framework regarding patient consultation using telemedicine in Indonesia. The use of telemedicine-based health services is stated in the Decree of the Minister of Health of the Republic of Indonesia concerning the benefits of telemedicine-based health services as an effort to achieve equitable health services, improve the quality of health services in remote areas and reduce referrals to hospitals, especially in handling emergency cases. Telemedicine can be said to be a solution for the community and medical personnel when faced with field situations that are not possible, so to provide a sense of security to medical personnel and patients, there are several legal bases related to the implementation of telemedicine in Indonesia which are regulated in laws and regulations. Telemedicine services have four obstacles, namely the Technological Environment, the Human Environment, the Economic Environment, and the Organizational Environment. The willingness of patients to use technology (45.7%) and the obstacles are limited infrastructure, Community Acceptance, and the Human Development Index (HDI). 2. Legal protection of the parties is associated with the application of the precautionary principle in diagnosing diseases through telemedicine. The legal basis for online consultation services or telemedicine still does not have concrete legal certainty at the national level. There are no national regulations that specifically regulate the implementation of telemedicine services and health workers who provide these services in Indonesia. Legal protection for related parties through telemedicine can be seen that related parties in this case medical service providers must comply with the rules governing human actions based on law, justice and morality.

KEYWORDS : Precautionary Principle, Patient Disease Diagnosis, Telemedicine Consultation