Public Health Services: Responsibility Of The Government Of Indonesia

ALSA LOCAL CHAPTER UNIVERSITAS SYIAH KUALA

By Asyila Shalsabila Moebin

Published in ALSA Law Review Magazine Vol. 9 Issue No. 2

According to RI Law NO. 23/1992 on Health, Health Law is all legal provisions that are directly related to health care / services. This concerns the rights and obligations of both individuals and all levels of society as recipients of health services as well as from health service providers in all its aspects, organizations, facilities, standard guidelines for medical services, health science and law and other legal sources. Health law can be formulated as a collection of arrangements relating to the provision of care and also its application to civil law, criminal law and administrative law. Medical law which studies the juridical relationship in which doctors are a part of health law.

Keywords: Public Health Law

PRELIMINARY

In a sense, health law according to the Articles of Association of the Indonesian Health Law Association (PERHUKI), are all legal provisions that are directly related to maintenance/ services and their application. Health law can also be interpreted as all legal regulations that are directly related to the provision of health and their application to civil law, administrative law and criminal law. Health law is all legal provisions that are directly related to health care/service and its application. This concerns the rights and obligations of both individuals and all levels of society as recipients of health executives and from the organizers in all its aspects, organizations, facilities,

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standard guidelines for medical services, health science, and judges and other sources12

Health law consists of many disciplines, including medical law, nursing law, pharmacy law, pharmacy law, public health law, medical law, and others. Each of these disciplines generally has professional ethics that its members must practice. Likewise, the hospital as an institution in health services also has ethics which in Indonesia are integrated into Etika Rumah Sakit Indonesia (ERSI). In Indonesia, health law develops in line with the dynamics of human life, it regulates more about legal relations in health services, and more specifically health laws regulate health services between doctors, hospitals, puskesmas, and other health workers and patients. As it is a basic right that must be fulfilled, a health law regulation is made, which in Indonesia, is Law Number 23 of 1992 concerning Health Law as amended by Law Number 36 of 2009 concerning Health. Health law in Indonesia is expected to be more

12 Cholil, Abdullah. “ASPEK ETIK DAN HUKUM KEDOKTERAN.” Jurnal Hukum & Pembangunan, vol. 14, no. 4, 2017, p. 350., doi: 10.21143/jhp.vol14.no4.1045. flexible and able to keep up with developments in medical science and technology13

One of the goals of Indonesia is to protect all citizens from threats (including the threat of disease) and promote prosperity. Therefore, it is necessary to develop health that covers all aspects of life physical, mental and socio-economic) by placing the roles of government and society as equal and important. Increasing the standard of living of the community will certainly affect the level of community need for services and equity which includes personnel, facilities and infrastructure; both quantity and quality. In order to provide legal certainty and protection for efforts to improve, direct and provide a foundation for development in the health sector, a dynamic health law is needed to reach and anticipate developments.

WRITING PURPOSE

The purpose of examining this matter is to find out about public health law, in this case specifically discussing how

13 Ibid

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Indonesia is in maintaining or providing public health services as well as fulfilling the rights and obligations of both individuals and communities as recipients of health implementers and from all these aspects.

RESEARCH METHODS

This type of research used is an empirical juridical approach that is studying the problems by referring to the applicable laws and regulations of the problem and see how it applies in practice relating to the cases then an inventory of the results of research, studies, and other literature that discusses health law.

DISCUSSION

On a broader level, health is a basic need of society, both society as a collection of individuals, and the environment in which these individuals live and reside. The importance of this is so that health is included as one of the most basic rights for humans and is included in various laws and regulations. Such as the 1945 Constitution of the Republic of Indonesia which emphasizes in Article 28 H paragraph (1) that "everyone has the right to health services". The birth of the right to obtain "health services" can be ascertained from the existence of the right to health itself. This includes enjoying a good and healthy living environment as stated in the Law. No. 32 of 2009 concerning Environmental Protection and Management. Article 65 paragraph (1) of this law confirms that a good and healthy environment is part of Human Rights (HAM)14

As a basic need of society, it is demanded the fulfilment and provision of the resources needed by the community in order to achieve this health. In this regard, in economic theory there is an interaction between supply and demand, demand in terms of the need for health and availability in terms of adequate health services. As is well known, human needs (including health) are always unlimited, while the availability of resources is sometimes limited. Therefore, the best ways and alternatives are needed in the use of existing resources. In addition, unlike

14 Fh.umj.ac.id. 2021. ASPEK PERLINDUNGAN HUKUM DALAM PELAYANAN KESEHATAN DAN KEDOKTERAN. [online] Available At: [Accessed 20 May 2021].

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other needs that are relatively easy for consumers to understand, knowledge of the need for health services (medical services), especially those requiring super-specialized services, belongs solely to service providers, especially doctors (including other health workers).

The right to health must be understood as the right of the state's obligation to fulfil various facilities, services and conditions which are essential for the realization of adequate and generally affordable health standards for all levels of society. As an obligation of the state and the rights of individuals/citizens, the government's efforts initially relied on efforts to treat disease, then shifted to efforts to raise the highest standard and degree of health in efforts to cure the disease, then gradually developed towards integrated health efforts for the entire community by involving the community at large regarding promotive, preventive, curative and rehabilitative efforts that are comprehensive, integrated and sustainable. The point lies in the involvement of all parties, both government and society, that every development effort must be based on a health perspective in the sense that national development must continue to pay attention to public health and remain a shared responsibility.

Efforts to administer health are always in line with the phenomenon of globalization and developments in the world of technology, which will affect the implementation of efforts to administer health as a whole. For this reason, Law no. 23 of 1992 concerning Health is considered not yet accommodating advances in technology and information in the health sector so that it needs to be replaced by a new law (Law No. 36 of 2009). This new law in considering letter e states that Law Number 23 of 1992 concerning Health (UKK) is no longer in accordance with developments, demands and legal needs in society so that it needs to be repealed and replaced with a new Law on Health15

Furthermore, Article 4 of the UUK states that "everyone has the right to health". The right to health as referred to

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in this UUK is the right to obtain health services and health service facilities in order to realize the highest degree of health. This means that anyone (to be able to live a healthy life) has the right to access proper health services which can be in the form of safe, quality and affordable health services, meaning that they do not leave the quality of service.

Regarding health efforts regulated in Law no. 36 of 2009 is any activity and/or series of activities carried out in an integrated, integrated and sustainable manner to maintain and improve the degree of public health in the form of disease prevention, health improvement, disease treatment, and health restoration by the government and/or the community. Meanwhile, regarding the Implementation of Health Efforts Law no. 36 of 2009 regulates it, namely to achieve the highest degree of health for the community, integrated and comprehensive health efforts in the form of individual health efforts and public health efforts and health efforts carried out in the form of activities with a promotive, preventive, curative, and rehabilitative approach. implemented in an integrated, comprehensive and sustainable manner.

Regarding the responsibility of implementing health efforts carried out by the government and local governments. Article 49 of Law no. 36 of 2009 concerning Health states that: Government, local governments and communities are responsible for the implementation of health efforts. In addition, to carry out health efforts, the implementation of health efforts must pay attention to the socio-cultural, moral and professional ethics functions16. The government and local governments are responsible for improving and developing health efforts. Health efforts at least meet the basic health needs of the community, therefore the improvement and development of health efforts is carried out based on studies and research. Meanwhile, the provisions concerning the improvement and development of health efforts are carried out through intergovernmental and inter-sectoral cooperation. Health efforts are carried out to achieve the highest degree of health for individuals or communities. Health efforts referred to

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herein are based on minimum health service standards.

CONCLUSION

Health law is defined as all legal regulations that are directly related to the provision of health and their application to civil law, administrative law and criminal law. Health law is all legal provisions that are directly related to health care/service and its application. This concerns the rights and obligations of both individuals and all Article 4 of the Health Law states that "everyone has the right to health". The right to health as referred to in this Law is the right to obtain health services and health service facilities in order to realize the highest degree of health. This means that anyone (to be able to live a healthy life) has the right to access proper health services which can be in the form of safe, quality and affordable health services, meaning that they do not leave the quality of service. Regarding health efforts regulated in Law no. 36 of 2009 is any activity and/or series of activities carried out in an integrated, integrated and sustainable manner to maintain and improve the levels of society as recipients of health executors and from the organizers in all its aspects, organizations, facilities, standard guidelines for medical services, health science, and judges and other sources. Health law consists of many disciplines, including: medical law, nursing law, pharmacy law, pharmacy law, public health law, medical law, and others. Each of these disciplines generally has professional ethics that its members must practice.

degree of public health in the form of disease prevention, health improvement, disease treatment, and health restoration by the government and/or the community. Regarding the Implementation of Health Efforts Law no. 36 of 2009 regulates it, namely to achieve the highest degree of health for the community, integrated and comprehensive health efforts in the form of individual health efforts and public health efforts and health efforts carried out in the form of activities with a promotive, preventive, curative, and rehabilitative approach implemented in an integrated, comprehensive and sustainable manner. Article 49 of Law

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no. 36 of 2009 concerning Health states that: Government, local governments and communities are responsible for the implementation of health efforts. In addition, to carry out health efforts, the implementation of health efforts must pay attention to the socio-cultural, moral and professional ethics functions and the government and local governments are responsible for improving and developing health efforts. Health efforts at least meet the basic health needs of the community, therefore the improvement and development of health efforts is carried out based on studies andkresearch.