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To comply with Indonesian law, digital platforms typically enter into an agreement with the healthcare facilities and/or healthcare professionals with which they engage and provide terms and conditions (terms) to be agreed upon by platform users.

These agreements and terms typically specify the liabilities for the digital platforms and the healthcare facilities or healthcare professionals in the provision of services to users, being the patients. As the agreement and terms constitute a contract, the general rule of contracts in Indonesia applies.

Generally, the rule of contracts is governed by the Indonesian Civil Code (ICC), where a contract must satisfy the four basic requirements under the ICC: (1) the parties’ consent; (2) the legal capacity of each party to enter a contract; (3) a particular object; and (4) lawful cause.

Under the ICC, the party in default is obligated to pay the damages caused by the non-performance of its contractual obligations. Furthermore, as provided under the ICC, liability for a wrongful act is determined on a fault-based assessment, where every wrongful act causing damage to other persons obliges the wrongdoer to provide compensation for such damages.

Additionally, the following points must be taken into account by the parties in allocating liability related to digital health:

  • There are no Minister of Health (MOH) regulations limiting the scope of online medical consultations for doctors as long as they align with ethical obligations in the specific context. Despite the MOH’s informal policies, there are no legal barriers to doctors conducting such consultations.
  • Alongside legal considerations, medical ethics also play a crucial role. Indonesian Medical Council (KKI) regulation requires doctors to perform necessary medical procedures and diligently assess patients’ medical histories, including anamnesis and allergy checks. There is a basic expectation for doctors to conduct informed fact-finding when taking on new patients.
  • Certain high-risk, high-cost illnesses require diagnosis confirmation through both the patient’s medical history and a physical examination in a formal healthcare setting.
  • Healthcare professionals suspected of committing unlawful acts in implementing health services may be subject to criminal sanctions. As for corporate crimes, criminal liability is imposed on corporations, managers with functional positions, parties giving orders to conduct such crimes, parties that exercise control such as majority shareholders and/or beneficial owners of corporations.

The above regulations are silent on the extraterritorial effect of the regulations regarding the cross-border provision of digital health products and services. However, Indonesian data protection laws impose the obligation for data managers to ensure that any cross-border data transfer adheres to the provisions of Law No. 27 of 2022 on Personal Data Protection (PDP Law), including that the recipient country has adequate data protection rules and that the data manager obtain the consent of the concerned data subject.

WRITTEN BY

For further information, please contact:

Winnie Yamashita Rolindrawan – SSEK,
winnierolindrawan@ssek.com

Winnie Yamashita Rolindrawan - SSEK. Winnie Yamashita Rolindrawan holds a Bachelor of Laws in economic law from the University of Indonesia and a Master of Science in communications management. She also earned an LL.M. and a Business Law Certificate from UC Berkeley.

Winnie Yamashita Rolindrawan received her Bachelor of Laws in economic law from the University of Indonesia in 2002. In 2007, she earned her Master of Science from the Faculty of Social and Political Sciences at the same university, majoring in communications management. In 2016, Winnie received her Master of Laws (LL.M.) from the University of California, Berkeley, School of Law, where she also earned a Business Law Certificate from the Berkeley Center for Law and Business.

Winnie joined SSEK in 2007 and has represented major domestic firms and multinational companies in a variety of transactions. She has worked on numerous projects involving M&A, financial services and fintech, data privacy, pharmaceuticals and healthcare, corporate and commercial matters, foreign investment, e-commerce, and real estate and property (particularly hotels).

Her projects in the fintech sector include acting as Indonesian counsel to Didi Chuxing in the acquisition of a substantial stake in Grab Inc., a transaction valued at over US$1 billion, and acting as lead Indonesian counsel to Mastercard as the lead investor in the series B funding round of Digiasia, an Indonesian fintech startup. Winnie advises clients on all aspects of fintech and payment systems (including e-money, remittances, payment gateways and switching), from obtaining the relevant licenses to cross-border fintech M&A transactions and navigating complex regulatory, legal and commercial challenges to ensure compliance with the relevant fintech and payment system regulations of Indonesia’s Financial Services Authority (OJK) and Central Bank (Bank Indonesia).

In the healthcare sector, Winnie has represented pharmaceutical companies, including manufacturers and distributors, in providing practical solutions for their day-to-day operations, corporate and commercial contracts, and specific regulatory issues.

Prior to joining SSEK, Winnie worked at another prominent corporate law firm in Jakarta, where she was involved in various capital market transactions including IPOs, bond issues and rights issues. She helped handle several debt restructuring projects involving the Indonesian Bank Restructuring Agency (IBRA), an independent government agency established in response to the Indonesian financial crisis.

Winnie was also an associate procurement expert for an Asian Development Bank-Indonesian Ministry of National Development Planning (Bappenas) project, where she developed and drafted model national procurement documents.

Winnie is a licensed attorney and a member of the Indonesian Advocates Association (Peradi). She participated in the 2014 Academy of American and International Law, sponsored by the Southwestern Institute for International and Comparative Law in Dallas, Texas.

Having spent her childhood in Hamburg, Germany, she speaks German in addition to English and her native Indonesian.

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