This Newsflash is a part of our Health Omnibus Law Newsflash series, i.e., Law No. 17 of 2023 dated August 8, 2023 on Health (the "Health Law"). The Health Law governs a wide range of topics in the health sector, including Telemedicine services as part of the services of a Health Service Facility.

As previously noted, the Health Law is issued using the omnibus method. The Health Law revokes several laws and regulations in the health sector, including Law No. 36 of 2009 dated October 13, 2009 on Health (the "Previous Health Law").

Under the Previous Health Law, there were no provisions relating to Telemedicine services. Before the Health Law, Telemedicine services were regulated by the Minister of Health (the "MOH") Regulation No. 20 of 2019 on the Organization of Telemedicine Services between Health Service Facilities ("Regulation 20/2019").

With the issuance of the Health Law, Telemedicine services are now governed in a law rather than only in a Ministerial regulation.

Below, we set out the salient provisions of Telemedicine services under the Health Law.

♦ Recognition of Telemedicine

The implementation of health efforts in the form of health services may use information and communication technology through Telehealth and Telemedicine which are integrated with the National Health Information System.

The Telehealth service consists of providing clinical and non-clinical services, in which the clinical services are provided through Telemedicine.

♦ Provider of Telemedicine Services

Telemedicine services may be provided by all Health Service Facilities, as follows:

  • First-level Health Service Facilities, consisting of Public Health Centers (Pusat Kesehatan Masyarakat or Puskesmas), Primary Clinics (Klinik Pratama), and Private Practice of Medical (Praktik Mandiri Tenaga Medis) or Health Care Personnel (Tenaga Kesehatan);
  • Advanced Health Service Facilities, consisting of Hospitals, Principal Clinics (Klinik Utama), Health Centers (Balai Kesehatan), and Private Practice of Medical (Praktik Mandiri Tenaga Medis) or Health Care Personnel (Tenaga Kesehatan); and
  • Supporting Health Service Facilities.

In providing Telemedicine services, Health Service Facilities may independently provide such Telemedicine services or cooperate with a registered electronic system provider in accordance with the applicable laws and regulations.

Telemedicine services consist of Telemedicine services (i) between Health Service Facilities and (ii) between Health Service Facilities and public. The Telemedicine services provided by the Health Service Facilities shall be conducted by medical or health care personnel who have the relevant practice licenses. Please see our Newsflash on Licensing of Medical and Health Care Personnel: Health Omnibus Law Series – Simplification of Registration and Practice License for Medical and Health Care Personnels.

Further provisions in relation to the implementation of Telemedicine services will be further governed in a Government Regulation (Peraturan Pemerintah). We note from the Health Law that all implementing regulations (including the ones relating to Telemedicine services) shall be issued at least 1 (one) year from the enactment of the Health Law.

As of now, the Government Regulation which will stipulate further Telemedicine services, has yet to be issued. We will issue a continuation of this Newsflash once the Government Regulation relating to Telemedicine services has been issued.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.