Pertanggungjawaban Hukum Rumah Sakit dan Penyelenggara Sistem Elektronik (PSE) atas Kebocoran Data Rekam Medis Elektronik

Abstract

The development of information technology in the healthcare sector has encouraged the transformation of conventional medical records into Electronic Medical Records (EMRs) integrated through the Satu Sehat application. However, this digitalization has raised legal issues concerning the leakage of sensitive electronic medical record data. This study aims to analyze the legal liability of the parties involved, particularly hospitals and Electronic System Operators (ESOs), for data breaches occurring within the system. The study employs the theories of legal protection and legal liability as analytical frameworks. The research method used is normative legal research with statutory and conceptual approaches. The findings indicate that legal liability for electronic medical record data breaches should be determined based on a causality model distinguishing between human error and system failure. Data breaches resulting from weaknesses in electronic systems place ESOs as the predominantly liable party, whereas breaches arising from internal management errors place hospitals as the predominantly liable party. Therefore, the most appropriate liability model within the Satu Sehat application is shared liability. This study concludes that a clear allocation of responsibilities between hospitals and ESOs is necessary. Accordingly, it is recommended that the government strengthen regulatory frameworks and supervisory mechanisms, while the Ministry of Health enhance the security of the Satu Sehat application system.