Noetic Law and Exoneration Clauses: A Study of Legal Protection for Patients as Consumers in Telemedicine Services

Abstract

This study examines legal protection for patients as consumers in Halodoc's telemedicine services, focusing on the use of exoneration clauses in electronic standard agreements. The research uses a noetic doctrinal approach with the Spiral-Triadic Analysis method, which integrates normative-positive, factual-documentary, and transcendental value dimensions. Data is collected through digital documentation of the Halodoc Terms and Conditions associated with the Consumer Protection Law, Civil Code, Health Law, and Personal Data Protection Law. The results of the study show that Halodoc's exoneration clause is in the form of a release of liability, limitation of liability, transfer of risk, and limitation of guarantees, which has the potential to contradict Article 18 of Law Number 8 of 1999 and create an imbalance in legal standing between platforms and patients. Through the Noetic-Tech Triumvirate approach Data Dignity, Digital Conscience, and Digital Veracity this research offers a construction of legal liability based on the doctrine of Modified Vicarious Liability, which places platforms and healthcare workers together in legal accountability. Stricter regulations and clarity of platform responsibilities are needed to ensure legal certainty and protection of patient dignity in digital health services in Indonesia.