Journal article // Jurnal Hukum Lex Generalis






Legal Protection of Patients Privacy Rights and Medical Records in the Covid-19 Pandemic
2021  //  DOI: 10.56370/jhlg.v2i10.71
Kastania Lintang, Yeni Triana

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Abstract

Health development is one of the national goals of the Indonesian nation based on the Preamble to the 1945 Constitution of the Republic of Indonesia. After the enactment of the 1945 Constitution of the Republic of Indonesia, the discussion of the right to health is re-regulated in Article 28H paragraph (1). Regulations regarding patient rights are listed in Law no. 36 of 2009 concerning Health, Law no. 29 of 2004 concerning Medical Practice, and Law no. 44 of 2009 concerning the Hospital. However, patients' rights cannot be fully implemented during the COVID-19 pandemic. So, the author will discuss how the legal protection of the right to privacy and medical records during the COVID-19 pandemic. This research is normative legal research. The conclusion of this research is that in an emergency condition, guaranteeing that the fulfillment of patient rights categorized as derogable rights is a right that can be limited or postponed.

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