Legal Analysis of Online Health Consultation through Artificial Intelligence-Based Mental Health Chatbot from the Perspective of Legal Certainty

Abstract

The development of artificial intelligence (AI) technology has given rise to new innovations in mental health services through the use of chatbots as a means of online consultation. However, this progress raises complex legal issues due to the lack of regulations that explicitly govern the legal status and responsibilities of AI systems in providing healthcare services. This study aims to analyze the legal regulations regarding the use of AI-based mental health chatbots and examine legal certainty in online healthcare consultation practices in Indonesia. The method used is normative juridical research, examining relevant laws, doctrines, and legal literature. The results indicate that to date, there are no regulations specifically governing the use of mental health chatbots. Existing regulations are scattered across several general regulations, such as Law Number 11 of 2008 concerning Electronic Information and Transactions, Law Number 27 of 2022 concerning Personal Data Protection, and Law Number 17 of 2023 concerning Health. The absence of these specific norms creates legal uncertainty, particularly regarding the responsibilities of providers, personal data protection, and guarantees of user psychological safety. This study concludes that legal certainty regarding the use of artificial intelligence-based mental health chatbots is still weak because positive law has not been able to accommodate the dynamics of developing technology.