Digital Health, Data Sovereignty, and Justice: Legal Challenges of Telemedicine Expansion in Post-Pandemic Indonesia

Abstract

The COVID-19 pandemic accelerated the global adoption of digital health technologies, positioning telemedicine as a critical tool for health system resilience. In Indonesia, telemedicine expanded rapidly, bridging geographical barriers across the archipelago. However, this transformation raises complex legal and ethical questions concerning data protection, equity, and health justice. This paper critically examines the legal framework governing telemedicine in Indonesia, focusing on data sovereignty, patient privacy, and unequal digital access. Employing a socio-legal approach, the study analyzes statutory regulations, ministerial policies, and emerging case practices, while situating Indonesia within global digital health governance debates. The findings demonstrate that although telemedicine improves efficiency and access for urban populations, it risks deepening health inequities for communities lacking digital infrastructure or literacy. Moreover, ambiguities in data ownership, cross-border data flows, and the role of private digital platforms challenge state responsibility in protecting patients’ rights. From a health justice perspective, the paper argues that digital health must be governed not merely as a technological innovation but as a public health good subject to legal accountability. The article proposes a justice-oriented regulatory model that integrates data protection, equitable access, and transparent public–private partnerships. Indonesia’s experience offers valuable insights for Global South countries navigating the intersection of digital transformation, health rights, and legal governance.