Legal Discovery on Artificial Intelligence Accountability in Medical Diagnostics within West Java Province

Abstract

The rapid development and integration of Artificial Intelligence (AI) within medical diagnostics present complex legal challenges that cannot be resolved merely by attributing absolute liability to either the physician or the machine. In Indonesia, regulations concerning health, health technology, electronic medical records, personal data protection, medical devices, and regional digital governance have evolved significantly. However, there remains a critical absence of a specific legal regime that explicitly delineates accountability when AI outputs contribute to misdiagnosis. This article investigates how legal discovery can reconstruct the accountability framework for diagnostic AI, specifically within the regional context of West Java Province. Utilizing a normative legal method supplemented by statutory, conceptual, philosophical, and limited comparative approaches, this study examines primary legal materials including Health Law Number 17 of 2023, Government Regulation Number 28 of 2024, Personal Data Protection Law Number 27 of 2022, and relevant West Java gubernatorial regulations. The analysis reveals that AI accountability currently exists within a fragmented legal regime. Consequently, legal discovery through systematic and teleological interpretation, legal analogy, and legal construction is imperative. This article proposes a multilayered accountability model that more clearly delineates the obligations of developers, healthcare facilities, medical personnel, central regulators, regional governments, and patients.