Definition · Health Data Privacy

Medical Record (Rekam Medis) under Law 17/2023, PP 28/2024, and Permenkes 24/2022

Under Article 1(1) of Permenkes 24/2022. Furthermore, Article 778(3) of PP 28/2024, a Medical Record (Rekam Medis) is a document containing patient identity, examinations, treatment, procedures, other services provided.

Under Minister of Health Regulation (Permenkes) Number 24 of 2022 Article 1(1). A Medical Record (Rekam Medis) is a document containing patient identity data, examinations, treatments, procedures. In addition, Other services provided to a patient. PP Number 28 of 2024 Article 778(3) adds informed consent for health service actions to this definition. At the same time, Permenkes 24/2022 Article 1(2) defines an Electronic Medical Record as one created using an electronic system.

Position in the Law

Law Number 17 of 2023 on Health Article 296(1)–(2) requires Medical. Furthermore, Health Personnel providing individual care to create a medical record, with facility management responsible in non-independent settings. PP 28/2024 Article 779 and Permenkes 24/2022 Articles 3. Furthermore, 45 mandate electronic medical records across all facilities, allowing non-electronic records only during technical obstacles.

Why It Matters in Practice

The medical record document belongs to the facility (Law 17/2023 Article 297(1)), while its content belongs to the patient (Permenkes 24/2022 Article 26(1)). Facilities must protect data security, integrity, confidentiality, and availability (PP 28/2024 Article 784(2)). Furthermore, Retain electronic medical record data for at least 25 years from the last visit (Permenkes 24/2022 Article 39(1)). Disclosing content to third parties requires patient consent (Permenkes 24/2022 Article 26(5)). Except for narrow statutory grounds such as law enforcement or outbreak control limited to what is necessary (PP 28/2024 Article 783(4), (11)).

Related terms and repealed rules: Administrative and clinical documentation (Permenkes 24/2022 Article 27(1)). Permenkes 24/2022 Article 46 repealed Permenkes 269/2008. Furthermore, Law 17/2023 Article 454(c) repealed Law 29/2004 (Articles 46–47) while keeping consistent implementing rules valid under Article 453(b).

Legal basis: Permenkes Number 24 of 2022 Articles 1, 3, 26, 27, 39, 45, and 46. Law Number 17 of 2023 Articles 296, 297, 453, and 454. PP Number 28 of 2024 Articles 778, 779, 783, and 784.

Related questions

When can medical record content be disclosed without patient consent under PP 28/2024?+
Under Article 783(4) and (11) of PP 28/2024. Disclosure without patient consent is permitted only for specific statutory purposes such as law enforcement requests or outbreak control. In addition, Is strictly limited to what is needed.
Can an employer access a worker's full medical record from an occupational check-up?+
Without specific patient consent, individual clinical reports remain confidential with the worker and medical team. Employers receive only fitness-to-work outcomes or aggregate de-identified summaries.
Was Permenkes 269/2008 on Medical Records repealed?+
Yes. Article 46 of Permenkes No. 24 of 2022 repealed Permenkes No. 269/MENKES/PER/III/2008.

Micromeet builds governed healthcare AI infrastructure for continuous care. See the public benchmark →