The Evidentiary Strength of Electronic Medical Agreements as Evidence in Civil Disputes in Indonesia

Abstract

The digitalization of healthcare services has encouraged the use of electronic medical agreements, particularly electronic informed consent, raising legal issues concerning their evidentiary strength in civil disputes between patients and healthcare professionals and/or hospitals. This study aims to analyze the evidentiary strength of electronic medical agreements as private deeds in resolving civil disputes in Indonesia. This study employs a normative legal research method using statutory and conceptual approaches. Legal materials were collected through library research and analyzed qualitatively using deductive reasoning. The findings show that electronic medical agreements constitute electronic documents that may be used as lawful evidence. However, because they are created without the involvement of an authorized public official, their evidentiary status is comparable to that of private deeds and cannot be equated with authentic deeds. Their evidentiary strength depends on the parties' acknowledgment and the ability to establish the identity of the consenting party, document authenticity, validity of electronic signatures or authentication mechanisms, data integrity, reliability of the electronic system, and the availability of an audit trail. Where the document is disputed or denied, it should be supported by relevant electronic and other evidence. The final assessment of its evidentiary value remains within the judge's authority based on the overall facts and evidence presented during the proceedings.