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Abstract

The advancement of information technology has driven the transformation of healthcare services through the utilization of telemedicine, including in midwifery services. Telemedicine enables midwives to provide consultation services, monitor the health of pregnant women, and deliver health education remotely. However, the implementation of telemedicine-based midwifery services raises various legal issues, particularly concerning legal certainty regarding the authority of midwives, legal liability, and legal protection for patients and healthcare professionals. The lack of comprehensive regulatory frameworks has the potential to create legal risks in the practice of technology-based midwifery services. This study aims to analyze the legal certainty of telemedicine-based midwifery services within the healthcare system in Indonesia and to examine the legal regulations governing such practices. The research method employed is normative legal research using a statutory approach and a conceptual approach. The legal materials utilized include laws and regulations in the healthcare sector, legal literature, and relevant documents related to telemedicine. The results of the study indicate that telemedicine-based midwifery services have obtained a legal basis within the Indonesian healthcare legal system. However, there remain normative gaps and regulatory ambiguities regarding the scope of midwives’ authority, service standards, and legal liability in cases of service errors. Therefore, more comprehensive regulations are required to ensure legal certainty and provide legal protection for both midwives and patients in the implementation of telemedicine-based midwifery services.

Keywords: Legal Certainty, Midwifery, Telemedicine, Healthcare Services, Health Law