Disharmony in Regulations of Telemedicine Services During the Covid-19 Pandemic in Indonesia

The Circular Letter of the Minister of Health Number 303 of 2020 concerning the Implementation of Health Services through the Use of Information and Communication Technology in the Context of Preventing the Spread of Covid-19 has created a new norm that is contrary to the Regulation of the Minister of Health Number 20 of 2019 concerning Telemedicine Services between Health Service Facilities. The purpose of this research is to study the position of the circular letter legally-formally and also to examine the material substance of the circular letter through comparison with several related regulations. The research method used is normative juridical by researching legal principles, legal systematics, level of legal synchronization, legal history, and legal comparison. The result of this research indicates that the position of the circular in the positive legal system in Indonesia is not a regulation (regeling) or a state administrative decision (beschikking). There was disharmony of regulations between this Circular of the Minister of Health and several related laws and regulations above. Disharmony occurs because this circular has become a new norm that contradicts the Regulation of the Minister of Health as well as the Regulation of the Indonesian Medical Council which regulates telemedicine services between health facilities. Conflicts also occur with the law on medical practice, health law, the law on information and electronic transactions, .and the Civil Code