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LAWS OF THE REPUBLIC INDONESIA
NUMBER 36 YEAR 2009
ABOUT
HEALTH
BY THE GRACE OF GOD ALMIGHTY
PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering: a. that health is a human right and
one of the elements of welfare that must be realized
in accordance with the ideals of the Indonesian nation as
referred to in Pancasila and the Constitution
Republic of Indonesia in 1945;
b. that every activity in an effort to maintain and
improve the level of public health
as high as possible is carried out based on the principle of
non-discriminatory, participatory and sustainable in
the framework of the formation of Indonesian human resources,
as well as increasing the nation's resilience and competitiveness for
National development;
c. that anything that causes disturbance
health in Indonesian society will cause
great economic loss for the country, and every
efforts to improve public health status
means investment for the development of the country;
d. that every development effort must be based on
health insight in the sense of national development
must pay attention to public health and
It is the responsibility of all parties, both the government
as well as society;
e. that Law Number 23 of 1992 concerning
Health is no longer in accordance with development,
demands, and legal needs in society
so it needs to be repealed and replaced by
the new Health Law;
f. that . . .

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-2f. that based on the considerations referred to in
in letter a, letter b, letter c, letter d, and letter e
it is necessary to enact a Law on Health;
Remember

: Article 20, Article 28H paragraph (1), and Article 34 paragraph (3)
The Constitution of the Republic of Indonesia Year
1945;
By Mutual Agreement
HOUSE OF REPRESENTATIVE OF INDONESIA REPUBLIC
and
PRESIDENT OF THE REPUBLIC OF INDONESIA

DECIDING :
To enact : LAW CONCERNING HEALTH.

PIG
GENERAL REQUIREMENTS
article 1
In this Law what is meant by:
1. Health is a state of health, both physically, mentally,
spiritual and social that allows everyone
to live socially and economically productive lives.
2. Resources in the health sector are all forms
funds, personnel, medical supplies, pharmaceutical preparations and
medical devices and health service facilities and
technology used to organize
health efforts carried out by the Government,
local government, and/or the community.
3. Medical supplies are all materials and equipment
needed to carry out efforts
health.
4. Preparation. . .

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-34. Pharmaceutical preparations are drugs, medicinal ingredients, traditional medicines,
and cosmetics.
5. Medical devices are instruments, apparatus, machines
and/or implants that do not contain drugs that
used

for

prevent,

diagnose,

cure and relieve disease, treat
the sick, restoring health to humans,
and/or structure and improve function
body.
6. A health worker is anyone who devotes
themselves in the field of health and have knowledge
and/or skills through education in the field of
health that for certain types requires
authority to carry out health efforts.
7. Health service facility is a tool and/or
a place used to carry out efforts
health services, whether promotive, preventive, curative
and rehabilitation carried out by the Government,
local government, and/or the community.
8. Medicine is a substance or a mixture of materials, including products
biologics used to influence or
investigate physiological systems or pathological states in
order to determine the diagnosis, prevention, cure,
recovery, health promotion and contraception,
for humans.
9. Traditional medicine is an ingredient or concoction of
in the form of plant material, animal material, mineral material,
Sarian ( galenic ) preparations , or mixtures of ingredients
which has been used for generations
for treatment, and can be applied according to
norms prevailing in society.
10. Health technology is all forms of tools and/or
methods intended to help enforce
diagnosis, prevention, and treatment of problems
human health.

11. Effort . . .

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-411. Health efforts are every activity and/or
a series of activities carried out in an integrated manner,
integrated and sustainable to maintain and
improve public health status in
disease prevention, health promotion,
treatment of disease, and restoration of health by
government and/or society.
12. Promotive health service is an activity
and/or a series of health service activities that
Prioritize promotional activities
health.
13. Preventive health service is an activity
prevention of a health problem/disease.
14. Curative health service is an activity
and/or a series of treatment activities that
aimed at curing disease, reducing
suffering from disease, disease control, or
disability control so that the quality of patients can be
awake as much as possible.
15. Rehabilitative health services are activities
and/or a series of activities to restore
former patients into the community so that they can
function again as a useful member of society
for himself and society as much as possible
according to his abilities.
16. Traditional health services are treatment
and/or treatment by means and drugs that refer to
on hereditary experience and skills
reliable empirical and
applied in accordance with applicable norms in
Public.
17. Central Government, hereinafter referred to as the Government is
The President of the Republic of Indonesia who holds power
The Government of the Republic of Indonesia as
referred to in the Constitution of the Republic of Indonesia
Indonesia in 1945.
18. Government . . .

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-518. Regional government is governor, regent, or mayor
and regional apparatus as the organizing element
local government.
19. Minister is a minister whose scope of duties and responsibilities
answer in the health sector.

CHAPTER II
PRINCIPLES AND OBJECTIVES

Section 2
Health development is carried out on the basis of
humanity, balance, benefit, protection,
respect for rights and obligations, justice, gender
and non-discrimination and religious norms.

Article 3
Health development aims to improve
awareness, willingness, and ability to live a healthy life for everyone
people in order to realize the level of public health that
as high as possible, as an investment for development
socially productive human resources and
economical.
CHAPTER III
RIGHTS AND OBLIGATIONS
Part One
Right

Article 4
Everyone has the right to health.

Article 5
(1) Everyone has the same rights in
gain access to resources in the health sector.
(2) Every . . .

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-6(2) Everyone has the right to obtain
health services that are safe, quality, and
affordable.
(3) Everyone has the right to be independent and responsible
responsible for determining the health services themselves
necessary for him.

Article 6
Everyone has the right to a healthy environment for
achievement of health status.

Article 7
Everyone has the right to obtain information and
education about balanced and responsible health
answer.

Article 8
Everyone has the right to obtain information about data
his/her own health including actions and treatments that
have or will receive from health workers.
The second part
Obligations

Article 9
(1) Every

person

obliged

come

create,

maintain, and improve health status
the highest society.
(2) The obligations as referred to in paragraph (1),
implementation includes individual health efforts,
public health efforts, and development
health minded.

Article 10 . . .

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-7Article 10
Everyone is obliged to respect the rights of others in
efforts to obtain a healthy environment, both physical, biological,
as well as social.

Article 11
Everyone is obliged to live a healthy life to
create, maintain and promote health
the highest.

Article 12
Everyone is obliged to maintain and improve the degree
the health of others for whom they are responsible.

Article 13
(1) Everyone is obliged to participate in the program
social health insurance.
(2) The social health insurance program as
referred to in paragraph (1) shall be regulated in accordance with the provisions of
legislation.

CHAPTER IV
GOVERNMENT RESPONSIBILITY

Article 14
(1) The government is responsible for planning, regulating,
organize,

build,

and

supervising

implementation of equitable health efforts and
affordable by the community.
(2) Government responsibilities as referred to in
paragraph (1) is devoted to public services.

Article 15 . . .

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-8Article 15
The government is responsible for the availability of the environment,
arrangements, health facilities, both physical and social for
community to achieve the highest level of health
height.

Article 16
The government is responsible for the availability of resources
in the field of health that is fair and equitable for all
the community to obtain a high level of health
as high as possible.

Article 17
The government is responsible for the availability of access
to information, education, and health service facilities
to improve and maintain the health status
as high as possible.

Article 18
The government is responsible for empowering and
encourage the active role of the community in all forms of
health.

Article 19
The government is responsible for the availability of all
form of quality, safe, efficient, and effective health efforts
affordable.

Article 20
(1) The government is responsible for the implementation of the guarantee
public health through the social security system
national efforts for individual health.
(2) Implementation of the social security system as
referred to in paragraph (1) is carried out in accordance with the provisions
legislation.
CHAPTER V . . .

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-9CHAPTER V
RESOURCES IN THE FIELD OF HEALTH
Part One
Health workers
Article 21
(1) Government

set

planning,

procurement,

utilization, development, and quality control
health workers in the context of administering
health services.
(2) Terms

about

planning,

procurement,

utilization, development, and quality control
health workers as referred to in paragraph (1)
regulated in a Government Regulation.
(3) Provisions regarding health workers are regulated by
Constitution.

Article 22
(1)

Health workers must have minimum qualifications.

(2)

Provisions regarding minimum qualifications as
referred to in paragraph (1) shall be regulated by a Ministerial Regulation.

Article 23
(1)

Health workers are authorized to administer
health services.

(2)

Authority to provide services
health as referred to in paragraph (1)
carried out in accordance with the field of expertise possessed.

(3)

In providing health services, personnel
must have a permit from the government.

(4)

While providing health services as
referred to in paragraph (1) is prohibited from prioritizing
material interests.
(5) Provisions. . .

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- 10 (5)

Provisions regarding licensing as intended
in paragraph (3) is regulated in a Ministerial Regulation.

Article 24
(1)

Health workers as referred to in
Article 23 must meet the provisions of the code of ethics, standards
profession, rights of users of health services, standards
services, and standard operating procedures.

(2)

Provisions regarding the code of ethics and professional standards
as referred to in paragraph (1) is regulated by
professional organization.

(3)

Provisions regarding the rights of users of health services,
service standards, and standard operating procedures
as referred to in paragraph (1) is regulated by
Ministerial regulation.

Article 25
(1)

Procurement and improvement of the quality of health workers
organized by the Government, local government,
and/or the community through education and/or
training.

(2)

Implementation of education and/or training
as referred to in paragraph (1) shall be the responsibility of
Responsibilities of the Government and local governments.

(3)

Provisions regarding the provision of education
and/or training as referred to in paragraph (2)
regulated in a Government Regulation.

Article 26
(1)

The government regulates the placement of health workers
for equitable distribution of health services.

(2)

Government

area

could

hold

utilize health workers in accordance with
regional needs.

(3) Procurement . . .

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and

- 11 (3)

Procurement and utilization of health workers
as referred to in paragraph (2) is carried out by
pay attention to:
a. type of health service needed
Public;
b. number of health service facilities; and
c. number of health workers according to workload
existing health services.

(4)

Placement of health workers as intended
in paragraph (1) is carried out with due regard to
the right of health workers and the right of the community to
get equal access to health services.

(5)

Further provisions regarding the placement of personnel
health is regulated in a Government Regulation.

Article 27
(1)

Health workers are entitled to compensation and
legal protection in carrying out their duties in accordance
with his profession.

(2)

Health workers in carrying out their duties
obliged to develop and improve
knowledge and skills possessed.

(3)

Provisions regarding the rights and obligations of workers
health as referred to in paragraph (1) and
paragraph (2) is regulated in a Government Regulation.

Article 28
(1)

For legal purposes, health workers must
carry out health checks upon request
law enforcement at the expense of the state.

(2)

The inspection as referred to in paragraph (1)
based on appropriate competence and authority kewenangan
with their scientific field.

Article 29 . . .

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- 12 Article 29
In the event that a health worker is suspected of being negligent
in carrying out his profession, such negligence must be
resolved through mediation.
The second part
Healthcare Facilities
Article 30
(1) Health service facilities, by type
services consist of:
a. individual health services; and
b. public health services.
(2) The health service facilities as referred to
in paragraph (1) includes:
a. first-rate health services;
b. second-level health services; and
c. third level health services.
(3) The health service facilities as referred to
in paragraph (1) is carried out by the Government,
local government, and the private sector.
(4) Provisions on requirements for health service facilities
as referred to in paragraph (2) and paragraph (3)
determined by the Government in accordance with the provisions
apply.
(5) Provisions for licensing of health service facilities
as referred to in paragraph (2) and paragraph (3)
determined by the Government and local governments.

Article 31
Mandatory health service facilities:
a. provide broad access to research needs
and development in the health sector; and
b. submit research and development reports
to the local government or the Minister.
Article 32 . . .

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- 13 Article 32
(1)

In an emergency, health care facilities,
both the government and the private sector, are required to provide
health services to save the lives of patients
and disability prevention.

(2)

In an emergency, health care facilities,
both the government and the private sector are prohibited from refusing
patients and/or ask for a down payment.

Article 33
(1)

Every head of service facility management penyelenggaraan
public health must have competence
public health management required.

(2)

Competence

management

health

Public

as referred to in paragraph (1) shall be further regulated
by Ministerial Regulation.

Article 34
(1) Every head of service facility operation penyelenggaraan
individual health must have competence
personal health management required.
(2) Operators of health service facilities are prohibited
employing health workers who do not have
qualifications and permits to do professional work.
(3) The provisions as referred to in paragraph (1) and
paragraph (2) is carried out in accordance with the provisions of
legislation.

Article 35
(1)

Local governments can determine the number and types of
health service facilities and licensing
operate in the area.

(2) Determination . . .

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- 14 (2)

Determination of the number and type of service facilities
health as referred to in paragraph (1)
done

by

government

area

with

consider:
a. an area;
b. health needs;
c. the number and distribution of the population;
d. disease pattern;
e. its utilization;
f. social function; and
g. ability to use technology.
(3)

Provisions regarding the number and type of service facilities
health and granting operating permits as
referred to in paragraph (1) also applies to facilities
foreign health services.

(4)

Provisions regarding the number and type of service facilities
health as referred to in paragraph (2) does not
applies to special types of quarantine hospitals,
research, and assumptions.

(5)

Further provisions regarding the organization
health service facilities as intended
in paragraph (1) and paragraph (2) are regulated by Regulations
Government.

Part Three
Health Supplies
Article 36
(1) The government guarantees the availability, equity, and
affordability of health supplies, especially medicine
essential.
(2) In ensuring the availability of emergency medicine,
The government can carry out special policies for
procurement and utilization of drugs and materials
medicinal.

Article 37 . . .

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- 15 Article 37
(1)

Management of health supplies is carried out so that
basic needs of the community for supplies
health is met.

(2)

Management of health supplies in the form of drugs
certain essential and basic medical devices are implemented
taking into account the benefits, prices, and factors
related to equity.

Article 38
(1)

Government

push

development

and

supplies

direct

health

with

take advantage of the available national potential.
(2)

The development as referred to in paragraph (1)
directed primarily at new drugs and vaccines as well as
medicinal natural ingredients.

(3)

The development of health supplies is carried out by
attention to environmental sustainability, including
natural and socio-cultural resources.

Article 39
Provisions regarding health supplies are stipulated by
Ministerial regulation.

Article 40
(1)

The government compiles a list and types of drugs that are
essential must be available for the benefit of society.

(2)

List and types of drugs as referred to in
paragraph (1) is reviewed and refined no later than every
2 (two) years according to development needs
and technology.

(3)

The government guarantees that the drugs as intended
in paragraph (1) is available equitably and affordable by
Public.

(4) In . . .

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- 16 (4)

In an emergency, the Government can carry out
special policies for procurement and utilization
health supplies.

(5)

Provisions regarding emergency situations as
referred to in paragraph (4) is carried out by holding
exceptions to patent provisions in accordance with
laws and regulations governing patents.

(6)

Health supplies in the form of generic drugs
included in the national list of essential drugs must be
guaranteed availability and affordability, so that
the pricing is controlled by the Government.

(7)

Further provisions regarding medical supplies
as referred to in paragraph (6) is regulated by
Ministerial regulation.

Article 41
(1)

Government

area

authorized

plan

the need for health supplies in accordance with
regional needs.
(2)

Authority to plan supply needs
health as referred to in paragraph (1) remains
pay attention to setting and coaching standards
services that apply nationally.

Part Four
Technology and Technology Products
Article 42
(1)

Technology and health technology products are held,
researched, circulated, developed, and utilized
for public health.

(2) Technology. . .

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- 17 (2)

Health technology as referred to in
paragraph (1) covers all methods and tools that
used to prevent disease
detect disease, relieve suffering
result

disease,

cure,

zoom out

complications, and restore health after illness.
(3)

Provisions regarding technology and technology products
health as referred to in paragraph (1) must
meet the standards set out in the regulations
legislation.

Article 43
(1)

The government establishes an institution in charge of and
authorized

To do

screening,

Settings,

utilization, as well as supervision of the use
technology and technology products.
(2)

The establishment of the institution as referred to in
paragraph (1) shall be regulated by a Government Regulation.

Article 44
(1) In

develop

technology

as

referred to in Article 42 can be tested
technology or technological products to humans or
animal.
(2) The trial as referred to in paragraph (1) is carried out
with the guarantee of not harming humans who
be tested.
(3) The trial as referred to in paragraph (2) is carried out
by an authorized person and with the consent
people being tested.
(4) Animal studies must be guaranteed to
protect the sustainability of these animals and prevent
indirect adverse effects on health
human.

(5) Provisions. . .

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- 18 (5) Further provisions regarding the implementation of the trial
against humans as referred to in paragraph (1)
regulated by Government Regulation.

Article 45
(1) Everyone is prohibited from developing technology
and/or technological products that can affect and
pose a serious risk to public health.
(2) Further provisions regarding development
technology as referred to in paragraph (1) is regulated
with Government Regulation.

CHAPTER VI
HEALTH EFFORTS
Part One
General
Article 46
To achieve the highest degree of health
for the community, organized health efforts that
integrated and comprehensive in the form of health efforts
individual and public health efforts.

Article 47
Health efforts are carried out in the form of activities
with promotive, preventive, curative, and
rehabilitation carried out in an integrated, comprehensive,
and sustainable.

Article 48
(1) Organizing

effort

health

as

referred to in Article 47 is implemented through
activities:
a. service . . .

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- 19 a. health services;
b. traditional health services;
c. health promotion and disease prevention;
d. healing of disease and restoration of health;
e. reproduction health;
f. family planning;
g. school health;
h. sports health;
i.

health services in disasters;

j.

blood service;

k. dental and oral health;
l.

countermeasures

distraction

vision

and

hearing disorders;
m. dimension health;
n. safety and use of pharmaceutical preparations and
medical devices;
o. food and beverage security;
p. safety of addictive substances; and/or
q. post-mortem.
(2) Implementation

effort

health

as

referred to in paragraph (1) is supported by resources
health.

Article 49
(1)

Government, local government and community
responsible for carrying out efforts
health.

(2)

The implementation of health efforts must pay attention to
social functions, values ​and norms of religion, social culture,
morals and professional ethics.

Article 50
(1)

The government and local governments are responsible
improve and develop health efforts.

(2) Effort. . .

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- 20 (2)

Health efforts as referred to in paragraph (1)
at least meet the health needs
the basis of society.

(3)

Improvement and development of health efforts
as referred to in paragraph (1) is carried out
based on assessment and research.

(4)

Provisions regarding improvement and development
as referred to in paragraph (1) is implemented
through inter-Governmental and cross-border cooperation
sector.
Article 51

(1)

Health efforts are organized to realize
the highest degree of health for the individual
or society.

(2)

Health efforts as referred to in paragraph (1)
based on minimum health service standards.

(3)

Further provisions regarding service standards
minimum health as referred to in paragraph (2)
regulated by Government Regulation.

The second part
Health services
First Paragraph
Service Delivery
Article 52
(1)

Health services consist of:
a. individual health services; and
b. public health services.

(2)

Health services as referred to in
paragraph (1) covers activities with a promotive approach,
preventive, curative and rehabilitative.

Article 53 . . .

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- 21 Article 53
(1)

Individual health services are intended for:
cure disease and restore health
individuals and families.

(2)

Public health services are aimed at
maintain and improve health and
prevent the disease of a group and society.

(3)

Implementation

service

referred to in paragraph (1) must prioritize

health

as

referred to in paragraph (1) must prioritize
help save the patient's life compared to
other interests.

Article 54
(1)

The implementation of health services is carried out
in a responsible, safe, quality, and equitable manner
and non-discriminatory.

(2)

The government and local governments are responsible
on the implementation of health services as
referred to in paragraph (1).

(3)

Supervision of service delivery
health as referred to in paragraph (1)
carried out by the Government, local governments, and
Public.

Article 55
(1)

The government is obliged to set service quality standards
health.

(2)

Quality standards of health services as
referred to in paragraph (1) shall be regulated by Regulations
Government.

Second Paragraph . . .

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- 22 Second Paragraph
Patient Protection
Article 56
(1)

Everyone has the right to accept or reject some
or all the relief measures that will be given
to him after receiving and understanding the information
about the action in detail.

(2)

The right to accept or reject as intended
in paragraph (1) does not apply to:
a. disease sufferers whose disease can be
quickly spread to the wider community;
b. the state of an unconscious person; or
c. severe mental disorder.

(3)

Provisions regarding the right to accept or reject
as referred to in paragraph (1) shall be regulated according to
with the provisions of laws and regulations.

Article 57
(1)

Everyone has the right to a secret health condition
personal

that

have

put forward

to

health service providers.
(2)

Provisions regarding the right to confidentiality of health conditions
personal as referred to in paragraph (1) is not
applies in the case of:
a. statutory orders;
b. court order;
c. the relevant permit;
d. public interest; or
e. the person's interests.

Article 58 . . .

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- 23 Article 58
(1)

Everyone has the right to claim compensation for
a person, health worker, and/or organizer
health that results in losses due to errors
or negligence in health services that
received.

(2)

The claim for compensation as referred to in paragraph (1)
does not apply to health workers who perform
life-saving or preventive measures
person's disability in an emergency.

(3)

Provisions regarding the procedure for filing a claim
as referred to in paragraph (1) shall be regulated according to
with the provisions of laws and regulations.

Part Three
Traditional Health Services
Article 59
(1) Based on the method of treatment, health services
Traditionally divided into:
a. traditional health services that use
Skills; and
b. traditional health services that use
potion.
(2) Traditional health services as referred to
in paragraph (1) is fostered and supervised by the Government so that
could

accountable

benefits

and

safety and does not conflict with norms
religion.
(3) Further provisions regarding procedures and types of
traditional health services as intended
in paragraph (1) shall be regulated by a Government Regulation.

Article 60 . . .

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- 24 Article 60
(1)

Everyone who provides health services
traditional use of tools and technology must
obtain permission from the competent health agency.

(2)

The use of tools and technology as intended
in paragraph (1) must be accountable
benefits and safety and do not conflict
with the religious and cultural norms of society.

Article 61
(1)

The community is given the widest opportunity
for

develop,

Upgrade

and

using traditional health services
could

accountable

benefits

and

its safety.
(2)

The government regulates and supervises services
traditional health as referred to in
paragraph (1) based on security,
interests, and protection of society.

Part Four
Health Promotion and Disease Prevention
Article 62
(1)

Improving health is all forms of effort
by the Government, local government,
and/or the community to optimize health
through outreach activities, dissemination of information,
or other activities to support the achievement of life
healthy.

(2)

Disease prevention is all forms of effort
by the Government, local government,
and/or the public to avoid or
reduce the risks, problems, and adverse effects of
disease.

(3) Government . . .

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- 25 (3)

The government and local governments guarantee and
provide facilities for business continuity
health promotion and disease prevention.

(4)

Further provisions on improvement efforts
health and disease prevention is regulated by
Ministerial regulation.

Part Five
Healing Diseases and Restoring Health
Article 63
(1)

Healing disease and restoring health
organized

for

restore

status

health, restore body function due to disease
and/or due to defects, or eliminate defects.
(2)

Healing disease and restoring health
carried out with control, treatment, and/or
care.

(3)

Control, treatment, and/or care can be
carried out based on medical science and science
nursing

or

way

other

that

could

accountable for its usefulness and safety.
(4)

Implementation

treatment

and/or

care

based on medical science or nursing science
can only be done by health workers who
have the expertise and authority to do so.
(5)

The government and local governments carry out
development and supervision of the implementation
treatment and/or treatment or based on the method
other accountable.

Article 64
(1) Healing of disease and restoration of health can be
performed through organ and/or tissue transplants
body, implant drugs and/or medical devices, surgery
plastics and reconstruction, and the use of stem cells.
(2) Transplant . . .

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- 26 (2) Transplantation of organs and/or body tissues
as referred to in paragraph (1) is carried out only
for humanitarian purposes and prohibited
commercialized.
(3) Organs and/or body tissues are prohibited from being traded
under any pretext.

Article 65
(1)

Organ and/or tissue transplantation only
can be carried out by health workers who have
expertise and authority for it and carried out in
certain health care facilities.

(2)

Removal of organs and/or body tissues from
a donor must pay attention to health
the donor concerned and get approval
donors and/or their heirs or families.

(3)

Terms

about

terms

and

system

way

organizing organ and/or tissue transplants
body as referred to in paragraph (1) and paragraph (2)
determined by Government Regulation.

Article 66
Cell transplantation, both from humans and from
animals, can only be done if it has been proven
safety and usefulness.
Article 67
(1) Collection and delivery of specimens or parts
body organs can only be done by energy
health professionals who have expertise and authority
and carried out in certain health care facilities.
(2) Provisions regarding the terms and procedures for taking
and delivery of specimens or organ parts
as referred to in paragraph (1) is implemented
in accordance with the provisions of the legislation
invitation.
Article 68 . . .

Page 27

- 27 Article 68
(1) Installation of implants of drugs and/or medical devices to
in the human body can only be done by
health workers who have the expertise and
authority and carried out in service facilities
certain health.
(2) Terms

about

terms

and

system

way

implementation of the installation of drug implants and/or equipment
health as referred to in paragraph (1)
determined by Government Regulation.

Article 69
(1)

Plastic and reconstructive surgery can only be done
by health workers who have the expertise and
authority for it.

(2)

Plastic and reconstructive surgery shouldn't go hand in hand
with the norms that apply in society and not
intended to change identity.

(3)

Provisions regarding the terms and procedures for plastic surgery
and reconstruction as referred to in paragraph (1)
and paragraph (2) shall be stipulated by a Government Regulation.

Article 70
(1)

Stem cells can only be used for
the purpose of healing disease and recovery
health, as well as prohibited from being used for
reproduction.

(2)

Stem cells as referred to in paragraph (1) do not
may be derived from embryonic stem cells.

(3)

Further provisions regarding the use of stem cells
as referred to in paragraph (1) and paragraph (2) shall be regulated
by Ministerial Regulation.

Sixth Part . . .

Page 28

- 28 Part Six
Reproduction health
Article 71
(1)

Reproductive health is a state of complete health
physically, mentally and socially as a whole, not merely
free from disease or related disability
the male reproductive system, function, and process
men and women.

(2)

Reproductive health as referred to in
paragraph (1) includes:
a. before pregnancy, pregnancy, childbirth, and after
give birth;
b. pregnancy management, contraceptive devices, and
sexual health; and
c. reproductive system health.

(3)

Reproductive health as referred to in
paragraph (2) is carried out through promotive activities,
preventive, curative and rehabilitative.

Article 72
Everyone has the right:
a. live a reproductive life and a sexual life
healthy, safe, and free from coercion and/or
violence with a legal partner.
b. determine their reproductive life and are free from
discrimination, coercion, and/or violence that
respect noble values ​that are not demeaning
human dignity in accordance with religious norms.
c. decide for yourself when and how often
reproducing medically healthy and not contradicting
with religious norms.
d. obtain information, education, and counseling regarding
health

reproduction

that

right

and

could

accounted for.

Article 73 . . .

Page 29

- 29 Article 73
The government is obliged to ensure the availability of information facilities and
reproductive health service facilities that are safe, quality,
and affordable for the community, including family planning.

Article 74
(1)

Any reproductive health services that are
promotive, preventive, curative, and/or rehabilitative,
including assisted reproduction
safe and healthy by paying attention to the aspects of
characteristics, especially female reproduction.

(2)

Implementation

service

health

reproduction

as referred to in paragraph (1) is carried out by
does not conflict with religious values ​and provisions
legislation.
(3)

Provisions regarding assisted reproduction
as referred to in paragraph (1), is regulated by
Government regulations.

Article 75
(1) Everyone is prohibited from having an abortion.
(2) The prohibition as referred to in paragraph (1) may
excluded based on:
a. indication of a medical emergency that is detected at an early age
early pregnancy, both those that threaten the mother's life
and/or fetus, suffering from genetic disease
weight and/or congenital disability, or not
can be repaired making it difficult for the baby
life outside the womb; or
b. pregnancy

result

rape

that

cause psychological trauma to the victim
rape.

(3) Action . . .

Page 30

- 30 (3) The actions as referred to in paragraph (2) only
can be done after going through counseling and/or
pre-action advice and ends with counseling
after the action taken by the counselor who
competent and authorized.
(4) Further provisions regarding emergency indications
medical and rape, as referred to in
paragraphs (2) and (3) are regulated by Regulations
Government.

Article 76
Abortion as referred to in Article 75 can only
done:
a. before 6 (six) weeks of pregnancy calculated from dihitung
the first day of the last menstrual period, except in an emergency
medical;
b. by health workers who have the skills and
authority that has a certificate determined by
minister;
c. with the consent of the pregnant woman concerned;
d. with the husband's permission, except for rape victims; and
e. a qualified health care provider who
determined by the Minister.

Article 77
The government is obliged to protect and prevent women from
abortion as referred to in Article 75 paragraph (2) and
paragraph (3) which is not qualified, unsafe, and not
responsible and contrary to religious norms
and provisions of laws and regulations.

Seventh Part . . .

Page 31

- 31 Seventh Part
Family planning
Article 78
(1)

Health services in family planning
intended for the regulation of pregnancy for
fertile age couples to form a generation membentuk
healthy and intelligent successor.

(2)

The government is responsible and guarantees
availability of manpower, service facilities, tools and drugs
in providing family planning services that
safe, quality, and affordable by the community.

(3)

Provisions regarding family planning services
implemented in accordance with the laws and regulations
invitation.

Part Eight
School Health
Article 79
(1)

School health is organized to improve

could

the ability to live healthy students in the environment
healthy life so that students can learn,
grow, and develop harmoniously and as high as
the height of being a human resource that
quality.
(2)

School health as referred to in paragraph (1)
organized through formal and informal schools
or through other educational institutions.

(3)

Provisions regarding school health as
referred to in paragraph (1) and paragraph (2) shall be determined by
Government regulations.

Ninth Part. . .

Page 32

- 32 Ninth Part
Sports Health
Article 80
(1)

Effort

health

Sports

addressed

for

improve physical health and fitness
Public.
(2)

Increasing the degree of health and physical fitness kebugaran
community as referred to in paragraph (1)
is a basic effort to improve performance
study, work and sport.

(3)

Sports health efforts as referred to in
paragraph (1) is carried out through physical activity, physical exercise,
and/or sport.

Article 81
(1)

Sports health efforts prioritize
preventive and promotive approaches, without neglecting
curative and rehabilitative approaches.

(2)

Maintenance

effort

health

Sports

organized by the Government, local government,
and society.

Part Ten
Health Services in Disaster
Article 82
(1)

Government, local government, and community
responsible for the availability of resources,
facilities, and implementation of health services
comprehensive and sustainable response to disasters.

(2)

Health services as referred to in
paragraph (1) covers health services in response
emergency and post-disaster.

(3) Service. . .

Page 33

- 33 (3)

Health services as referred to in
paragraph (2) covers emergency services that
aims to save lives and prevent
further disability.

(4)

The government guarantees the financing of health services
as referred to in paragraph (1).

(5)

The financing as referred to in paragraph (4)
sourced from the state budget
(APBN), regional revenue and expenditure budget
(APBD), or community assistance in accordance with
legislation.
Article 83

(1)

Everyone who provides health services
disaster should be aimed at rescue
life, prevention of further disability, and
best interests of the patient.

(2)

The government guarantees legal protection for every
the person as referred to in paragraph (1) is in accordance
with the capabilities.
Article 84

Further provisions regarding service delivery
health in disasters is regulated by a Ministerial Regulation.
Article 85
(1)

In an emergency, health care facilities,
both the government and the private sector are required to provide
health services in disasters for rescue
patient life and disability prevention.

(2)

Health service facilities in providing
health services in disasters as
referred to in paragraph (1) is prohibited from rejecting the patient
and/or request advance payment.

Eleventh Part. . .

Page 34

- 34 Eleventh Part
Blood Service
Article 86
(1)

Blood service is a health service effort
which utilizes human blood as a base material
with humanitarian purposes and not for purposes
commercial.

(2)

The blood as referred to in paragraph (1) is obtained
from healthy and fulfilling voluntary blood donors
donor selection criteria by prioritizing
donor health.

(3)

Blood obtained from voluntary blood donors
as referred to in paragraph (2) before being used
for blood services must be checked
laboratory to prevent disease transmission.

Article 87
(1)

Organizing blood donation and blood processing
performed by the Blood Transfusion Unit.

(2)

Blood Transfusion Unit as referred to in
paragraph (1) may be implemented by the Government,
local government, and/or social organizations that
main duties and functions in the field of red cross.

Article 88
(1)

Blood transfusion services include planning,
deployment

donor

blood,

provision,

distribution of blood, and medical treatment
blood to patients for healing purposes
disease and restoration of health.
(2)

Implementation of blood transfusion services is carried out
by maintaining the safety and health of the recipient
blood and health workers from disease transmission
through blood transfusions.
Article 89 . . .

Page 35

- 35 Article 89
Minister regulates blood management standards and requirements
for blood transfusion services.
Article 90
(1) The government is responsible for the implementation of
safe, accessible, and appropriate blood services dan
with community needs.
(2)

Government

ensure

financing

in

administration of blood services.
(3) Blood is prohibited from being traded under any pretext.

Article 91
(1)

Blood components can be used for
healing disease and restoring health
through processing and production.

(2)

The results of the processing and production as
referred to in paragraph (1) is controlled by the Government.

Article 92
Further provisions regarding blood services are regulated
with Government Regulation.
Twelfth Part
Dental and Oral Health
Article 93
(1)

Dental and oral health services are carried out for
maintain and improve health
community in the form of improving dental health,
prevention of dental disease, treatment of dental disease, and
restoration of dental health by the Government, the government
area, and/or community which is carried out
integrated, integrated and sustainable.
(2) Health . . .

Page 36

- 36 (2)

Dental and oral health as referred to in
paragraph (1) is implemented through dental health services
individuals, community dental health services,
school dental health.

Article 94
The government and local governments are obliged to guarantee
availability of manpower, service facilities, tools and drugs
dental and oral health in order to provide
dental and oral health services that are safe, quality, and
affordable by the community.

Part Thirteen
Vision Disorder Treatment
and Hearing Loss
Article 95
(1)

Management of visual disturbances and disturbances
hearing is all activities carried out
includes promotive, preventive, curative and
rehabilitation aimed at increasing the degree of
health of the senses of sight and hearing
Public.

(2)

Implementation of activities as referred to in
paragraph (1) is the joint responsibility of the Government,
local government, and the community.

Article 96
Further provisions regarding the handling of disturbances
sight and hearing are regulated by Rules
Minister.

Part Fourteen . . .

Page 37

- 37 Part Fourteen
Mattress Health
Article 97
(1)

Matra health as a special form of effort
health is organized to realize the degree of
highest health in the environment
changing dimensions as well as in the terrestrial environment,
sea, and air.

(2)

Dimensional health includes field health,
marine and underwater health, and health
aerospace.

(3)

Implementation of health matra must be implemented
according to standards and requirements.

(4)

Provisions regarding the health of the mater as
referred to in this article is regulated by Regulations
Minister.

Part Fifteen
Security and Use
Pharmaceutical Preparations and Medical Devices
Article 98
(1)

Pharmaceutical preparations and medical devices must be safe,
nutritious / useful, quality, and affordable.

(2)

Everyone who does not have the skills and
authority

prohibited

hold,

save,

processing, promoting, and distributing drugs and
medicinal ingredients.
(3)

Terms

about

procurement,

storage,

processing, promotion, distribution of pharmaceutical preparations and
medical devices must meet quality standards
pharmaceutical services stipulated by the Regulations
Government.
(4) Government . . .

Page 38

- 38 (4)

Government

obliged

control,

build,
and

set,

supervising

procurement,

storage, promotion and distribution as
referred to in paragraph (3).

Article 99
(1)

Source of pharmaceutical preparations originating from the universe
and has been proven to be efficacious and safe to use
in the prevention, treatment, and/or treatment,
and health care must be maintained
sustainability.

(2)

The community is given the widest opportunity
for

process,

produce,

circulate,

develop, improve, and use
accountable pharmaceutical preparations
benefits and safety.
(3)

The government guarantees the development and maintenance
pharmaceutical preparations.

Article 100
(1)

Source of traditional medicine that has been proven to be efficacious
and safe to use in the prevention, treatment,
maintenance, and/or permanent health maintenance
be preserved.

(2)

The government guarantees the development and maintenance
traditional medicine raw materials.

Article 101
(1)

The community is given the widest opportunity
for

process,

produce,

circulate,

developing, improving, and using drugs
accountable traditional benefits
and its safety.

(2) Provisions. . .

Page 39

- 39 (2)

Terms

about

process,

produce,

circulate, develop, improve, and
using traditional medicine is regulated by Regulations
Government.

Article 102
(1) The use of pharmaceutical preparations in the form of narcotics and
psychotropic drugs can only be done based on a prescription
doctor or dentist and prohibited from
abused.
(2) Provisions regarding narcotics and psychotropics
carried out in accordance with the provisions of the regulations
legislation.

Article 103
(1) Any person who produces, stores,
distribute, and use narcotics and
psychotropic substances must meet the standards and/or
certain requirements.
(2) Provisions regarding the production, storage, distribution,
and the use of narcotics and psychotropic substances
as referred to in paragraph (1) is implemented
in accordance with the provisions of the legislation
invitation.

Article 104
(1) Security of pharmaceutical preparations and medical devices
organized to protect the public from
dangers caused by the use of the preparation
pharmaceuticals and medical devices that do not meet
quality and/or safety requirements and/or
benefits / benefits.
(2) The use of traditional medicines and medicines must be carried out
rationally.

Article 105 . . .

Page 40

- 40 Article 105
(1)

Pharmaceutical preparations in the form of drugs and drug raw materials
must meet the requirements of Indonesian pharmacopoeia or books
other standards.

(2)

Pharmaceutical preparations in the form of traditional medicines and
cosmetics and medical devices must meet the standard
and/or specified requirements.

Article 106
(1)

Pharmaceutical preparations and medical devices can only be
circulated after obtaining distribution authorization.

(2)

Marking and information of pharmaceutical preparations and equipment
health must meet the requirements of objectivity and
completeness and not misleading.

(3)

The government has the authority to revoke distribution permits and
ordered the withdrawal from circulation of the stock
licensed pharmaceuticals and medical devices
distribution, which was later proven not to meet
quality and/or safety requirements and/or
benefit, can be confiscated and destroyed according to
with the provisions of laws and regulations.

Article 107
Further provisions regarding the safety of pharmaceutical preparations
and medical devices are carried out in accordance with the provisions
legislation.

Article 108
(1)

Pharmaceutical practice which includes the manufacture of
including quality control of pharmaceutical preparations,
security,

procurement,

storage

distribution of drugs, drug services on doctor's prescription,
drug information services and drug development,
medicinal ingredients and traditional medicines must be carried out by
health workers who have the expertise and
authority in accordance with the provisions of the regulations
legislation.
(2) Provisions. . .

Page 41

- 41 (2)

Provisions regarding the implementation of pharmaceutical practice
as referred to in paragraph (1) is determined by
Government regulations.

Part Sixteen
Food and Beverage Security
Article 109
Every person and/or legal entity that produces,
processing, and distributing food and beverages
which is treated as food and drink
genetic engineering technology that is circulated must guarantee
to be safe for humans, animals that humans eat, and
environment.
Article 110
Every person and/or legal entity that produces and
promoting food and beverage products and/or
which is treated as food and drink
processed technology is prohibited from using words that
deceptive and/or accompanied by claims that cannot be
proven true.
Article 111
(1) Food and drink used for
society must be based on standards and/or
health requirements.
(2) Food and beverages can only be circulated after
get a distribution permit in accordance with the provisions of the regulations
legislation.
(3) Every packaged food and drink is obligatory
marked or labeled containing:
a. Product name;
b. List of materials used;
c. Net weight or net contents;

and

d. name . . .

Page 42

- 42 d. Name and address of the party producing or
put food and drink in
Indonesian territory; and
e. Expiry date, month and year.
(4) The marking or labeling as referred to in
paragraph (1) must be done correctly and accurately.
(5) Further provisions regarding the procedure for giving
label as referred to in paragraph (3) is carried out
in accordance with the provisions of the legislation
invitation.
(6) Food and drinks that do not meet the provisions
standard,

requirements

health,

and/or

endanger health as referred to in
paragraph (1) is prohibited from being circulated, withdrawn from
circulation, distribution permit is revoked and confiscated for
destroyed in accordance with the provisions of the regulations
legislation.
Article 112
The government is authorized and responsible for regulating and
supervise the production, processing, distribution of food,
and beverages as referred to in Article 109,
Article 110, and Article 111.
Part Seventeen
Safety of Addictive Substances
Article 113
(1)

Safe use of substances containing substances
addictive is directed so as not to disturb and
endanger the health of individuals, families,
society, and the environment.

(2)

Addictive substances as referred to in paragraph (1) include
tobacco, tobacco-containing products, solid,
addictive liquids and gases
its use can cause harm to
himself and/or the surrounding community.

(3)

Production, distribution, and use of materials
contain addictive substances must meet the standard
and/or specified requirements.
Article 114 . . .

Page 43

- 43 Article 114
Everyone who produces or imports cigarettes into
Indonesian territory is obliged to include health warnings.
Article 115
(1)

Non-smoking areas include:
a. health service facilities;
b. place of teaching and learning process;
c. where children play;
d. worship place;
e. public transportation;
f.

workplace; and

g. public places and other designated places.
(2)

The local government is obliged to determine the area without
cigarettes in the area.

Article 116
Further provisions regarding the safety of materials
contain addictive substances stipulated by Regulations
Government.
Part Eighteen
Post-mortem
Article 117
A person is declared dead if the function of the heartcirculation and respiratory system have been shown to have stopped
permanent, or when brain stem death has occurred
proved.
Article 118
(1)

Unknown corpse must be made efforts
identification.

(2) Government . . .

Page 44

- 44 (2)

Government, local government, and community
responsible for the identification efforts as
referred to in paragraph (1).

(3)

Further provisions regarding identification efforts
corpse as referred to in paragraph (1) shall be regulated
by Ministerial Regulation.

Article 119
(1)

For research and development purposes
health services can be performed post-mortem
clinic in hospital.

(2)

Clinical post-mortem as referred to in paragraph (1)
aimed at establishing a diagnosis and/or
conclude the cause of death.

(3)

Clinical post-mortem as referred to in paragraph (1)
carried out with the written consent of the patient
life or written consent of next of kin
patient.

(4)

In the event that the patient is suspected of having died from a disease
endanger society and clinical post-mortem
absolutely necessary to establish the diagnosis
and/or cause of death, is not required
approval.

Article 120
(1)

For the sake of education in the field of science
medicine and biomedicine can be performed post-mortem
anatomy in a teaching hospital or in an institution
medical education.

(2)

Anatomical post-mortem as referred to in
paragraph (1) can only be carried out on corpses that
unknown or corpses that were not taken care of by
his family, with the written consent of that person
during his lifetime or with the written consent of his family.

(3) Corpse . . .

Page 45

- 45 (3)

The corpse as referred to in paragraph (2) must have been
preserved, published for his family to find,
and kept for at least 1 (one) month since
his death.

(4)

Further provisions regarding anatomical post-mortem
as referred to in paragraph (1), paragraph (2), and
paragraph (3) is regulated by a Ministerial Regulation.

Article 121
(1)

Clinical post-mortem and anatomical post-mortem only
can be done by a doctor in accordance with the expertise and
his authority.

(2)

In the case when performing clinical post-mortem and
Anatomical post-mortem was found to be suspected
criminal law, health workers are required to report to
investigator in accordance with statutory regulations.

Article 122
(1)

For the sake of law enforcement, it can be done
forensic post-mortem in accordance with the provisions
legislation.

(2)

Forensic post-mortem as referred to in
paragraph (1) is carried out by a forensic expert doctor, or by
another doctor if there is no forensic expert and
Refer to a place where there is a forensic doctor
Not possible.

(3)

The government and local governments are responsible
for the availability of forensic post-mortem services in
his territory.

(4)

Further provisions regarding the operation of the surgery
Forensic corpses are regulated by Ministerial Regulation.

Article 123 . . .

Page 46

- 46 Article 123
(1)

In bodies that have been shown to be dead, the brain stem can
the use of organs as donors is carried out
for organ transplantation.

(2)

The act of utilizing donor organs as
referred to in paragraph (1) must meet the provisions
legislation.

(3)

Further provisions regarding the determination of death
and utilization of donor organs as intended
in paragraph (1) and paragraph (2) are regulated by Regulations
Minister.

Article 124
Post-mortem by health personnel must be carried out
in accordance with religious norms, moral norms, and ethics
profession.
Article 125
Cost of medical examination of victims of crime
and/or post-mortem for legal purposes
borne by the government through the APBN and APBD.

CHAPTER VII
HEALTH OF MOTHERS, BABIES, CHILDREN,
YOUTH, ELDERLY AND DISABLED
Part One
Maternal, infant and child health
Article 126
(1) Maternal health efforts must be aimed at maintaining
maternal health so as to be able to give birth to generations
healthy and quality and reduce the number of
maternal death.
(2) Effort. . .

Page 47

- 47 (2) Maternal health efforts as referred to in
paragraph (1) covers promotive, preventive, curative and
rehabilitative.
(3) The government guarantees the availability of manpower, facilities, tools
and drugs in the provision of health services
mothers in a safe, quality, and affordable way.
(4) Further provisions regarding health services
mother is regulated by Government Regulation.

Article 127
(1)

Attempts to get pregnant outside the natural way can only
carried out by a legally married couple with
conditions:
a. the result of fertilization of sperm and ovum from husband and wife
concerned is implanted in the wife's womb
where do the ova come from;
b. carried out by health workers who have
expertise and authority for it; and
c. certain health care facilities.

(2)

Provisions regarding pregnancy requirements out of the way
nature as referred to in paragraph (1) is regulated
with Government Regulation.

Article 128
(1) Every baby has the right to breast milk
exclusively since birth for 6 (six) months,
except on medical indications.
(2) During breastfeeding, the family,
Government, local government, and community
must fully support the baby's mother with
provision of special time and facilities.
(3) Provision of special facilities as intended
in paragraph (2) is held at the workplace and
public facilities.

Article 129 . . .

Page 48

- 48 Article 129
(1) The government is responsible for setting policies
in order to guarantee the baby's right to
exclusively breast milk.
(2) Further provisions as referred to in
paragraph (1) shall be regulated by a Government Regulation.
Article 130
The government is obliged to provide complete immunization to
every baby and child.
Article 131
(1)

Efforts to maintain the health of infants and children must
aimed at preparing the next generation
come healthy, smart, and quality as well as for serta
reduce infant and child mortality.

(2)

Efforts to maintain children's health have been carried out since
child is still in the womb, born, after
birth, and until the age of 18 (eighteen) years.

(3)

Efforts to maintain the health of infants and children
as referred to in paragraph (1) and paragraph (2)
become a shared responsibility and obligation for
parents, family, community, and Government, and
regional government.
Article 132

(1) Children who are born must be raised and cared for
responsibly so as to enable children
grow and develop in a healthy and optimal manner.
(2) Provisions regarding children born as follows:
referred to in paragraph (1) is carried out in accordance with
legislation.
(3) Every child has the right to obtain basic immunization according to
with the applicable provisions to prevent
the occurrence of diseases that can be avoided through
immunization.
(4) Provisions. . .

Page 49

- 49 (4) Further provisions regarding types of immunization
the basis as referred to in paragraph (3) is determined
by Ministerial Regulation.

Article 133
(1)

Every baby and child has the right to be protected and protected
from all forms of discrimination and violence
which can interfere with their health.

(2)

Government, local government, and community
obliged to guarantee the implementation
protection of infants and children as intended
in paragraph (1) and provide health services
as needed.

Article 134
(1)

The government is obliged to set standards and/or
criteria for the health of infants and children as well as
guarantee its implementation and facilitate every
implementation of these standards and criteria.

(2)

Standards and/or criteria as referred to in
paragraph (1) must be held in accordance with
moral considerations, religious values, and based on
the provisions of the legislation.

Article 135
(1) The government, regional government, and the community are obligated
provide space and other necessary facilities
for children's play that allows children to grow
and develop optimally and be able to
socialize in a healthy way.
(2) Playground and other necessary facilities
as referred to in paragraph (1) must be completed
means of protection against health risks so that
does not endanger the health of children.

The second part . . .

Page 50

- 50 The second part
Youth Health
Article 136
(1)

Youth health care efforts should be aimed at
to prepare to be healthy adults
and productive, both socially and economically.

(2)

Efforts to maintain adolescent health as
referred to in paragraph (1) including for reproduction
adolescents are carried out so that they are free from various disturbances
health that can hinder the ability
lead a healthy reproductive life.

(3)

Efforts to maintain adolescent health as
referred to in paragraph (1) is carried out by the Government,
local government, and the community.

Article 137
(1)

The government is obliged to ensure that youth can
obtain education, information, and services regarding
adolescent health so that they are able to live healthy and
to be responsible.

(2)

Provisions regarding the Government's obligations in
ensure that youth get education, information
and services regarding health as
referred to in paragraph (1) is carried out in accordance with
moral considerations of religious values ​and based on
the provisions of the legislation.

Part Three
Health of the Elderly and People with Disabilities
Article 138
(1)

Efforts to maintain health for the elderly must
aimed at maintaining a healthy life and
productive socially and economically in accordance with
human dignity.

(2) Government . . .

Page 51

- 51 (2)

The government is obliged to ensure the availability of facilities
health services and facilitate advanced groups
age to be able to live independently and productively
socially and economically.

Article 139
(1)

Efforts to maintain the health of persons with disabilities must
aimed at maintaining a healthy life and
productive socially, economically, and with dignity.

(2)

The government is obliged to ensure the availability of facilities
health services and facilitate persons with
disabled to be able to live independently and productively
socially and economically.

Article 140
Health care efforts for the elderly and
persons with disabilities as referred to in Article 138
and Article 139 is carried out by the Government, regional governments,
and/or society.

CHAPTER VIII
NUTRITION
Article 141
(1)

Efforts to improve community nutrition are aimed at
improving the nutritional quality of individuals and communities.

(2)

Improvement of nutritional quality as referred to in
paragraph (1) is carried out through:
a. improvement of appropriate food consumption patterns
with balanced nutrition;
b. improvement of nutrition conscious behavior, physical activity, and
health;
c. increasing access and quality of nutrition services
in accordance with the progress of science and technology; and
d. improvement of the food and nutrition awareness system.
(3) Government . . .

Page 52

- 52 (3)

Government, local government, and/or community
together to ensure the availability of food
which has a high nutritional value evenly and
affordable.

(4)

The government is obliged to keep food ingredients
as referred to in paragraph (2) meets the standard
nutritional quality determined by legislation
invitation.

(5)

Preparation of food ingredients as intended
in paragraph (1) is carried out cross-sectoral and
interprovincial, interdistrict or intercity.

Article 142
(1) Efforts to improve nutrition are carried out throughout the cycle
life from the womb to the end
age with priority to vulnerable groups:
a. babies and toddlers;
b. teenage girls; and
c. pregnant and lactating women.
(2) The government is responsible for setting standards
nutritional adequacy rates, nutritional service standards, and
nutritional standards at various levels of service.
(3) The government is responsible for the fulfillment of
nutritional adequacy in poor families and in situations
emergency.
(4) The government is responsible for education and
correct information about nutrition to the public.
(5) Government, local government, and community
make efforts to achieve good nutritional status.

Article 143
The government is responsible for increasing knowledge
and public awareness of the importance of nutrition and
its effect on improving nutritional status.

CHAPTER IX . . .

Page 53

- 53 CHAPTER IX
MENTAL HEALTH
Article 144
(1)

Mental health efforts are aimed at ensuring that every
people can enjoy a healthy mental life,
free from fear, pressure, and other distractions that
can interfere with mental health.

(2)

Mental health efforts as referred to in
paragraph (1) consists of preventive, promotive, curative,
rehabilitation of patients with mental disorders and problems
psychosocial.

(3)

Mental health efforts as referred to in
paragraph (1) is the joint responsibility of the Government,
local government, and the community.

(4)

Government, local government, and community
responsible for creating mental health conditions
at the highest possible level and ensure the availability,
accessibility, quality and equity of health efforts
soul as referred to in paragraph (2).

(5)

The government and local governments are obliged to
develop mental health efforts based on
community as part of mental health efforts
whole,

including

make it easy

access

community for mental health services.

Article 145
The government, local government and the community guarantee
preventive, promotive, curative, and mental health efforts
rehabilitation, including ensuring mental health efforts in
workplace as referred to in Article 144 paragraph (3).

Article 146 . . .

Page 54

- 54 Article 146
(1) The public has the right to obtain information and education
truth about mental health.
(2) The rights as referred to in paragraph (1) are addressed
to avoid violating someone's human rights
considered to have a mental health disorder.
(3) The government and local governments are obliged
provide information and education services about
mental health.

Article 147
(1)

Efforts to cure people with mental health disorders
is the responsibility of the Government, the government
area and community.

(2)

Healing efforts as referred to in
paragraph (1) is carried out by health workers who
authorized and in the right place permanently
respect the rights of patients.

(3)

To treat people with mental health disorders,
special health care facilities are used
meet the requirements and in accordance with the provisions
legislation.

Article 148
(1) People with mental disorders have the same rights
as a citizen.
(2) The rights as referred to in paragraph (1) include
equality of treatment in every aspect of life,
unless the laws and regulations state
other.

Article 149 . . .

Page 55

- 55 Article 149
(1)

People with mental disorders who are neglected, homeless,
threaten the safety of himself and/or others,
and/or disturb order and/or security
the general public are required to receive treatment and care in
health care facilities.

(2)

The government, local government, and the community are obliged
carry out treatment and care at the facility
health services for people with mental disorders
abandoned, homeless, threatening safety
himself and/or others, and/or interfere
public order and/or security.

(3)

The government and local governments are responsible
on equal distribution of service facilities
mental health by involving active participation
Public.

(4)

Responsibilities of the Government and local governments
as referred to in paragraph (2) includes
financing of patient care and treatment
mental disorders for the poor.

Article 150
(1) Mental health examination for the benefit of
law enforcement ( visum et repertum psikiatricum )
can only be done by a medical specialist
souls in health care facilities.
(2) Determination of the legal competence status of a person who
suspected of having a mental health disorder
by a team of doctors who have the expertise and
competence in accordance with professional standards.

Article 151
Further provisions regarding mental health efforts are regulated
with Government Regulation.

CHAPTER X . . .

Page 56

- 56 CHAPTER X
communicable and non-communicable diseases
Part One
Infectious diseases
Article 152
(1) Government, regional government and community
responsible for taking preventive measures
control and eradication of infectious diseases
and the consequences thereof.
(2) Efforts to prevent, control, and eradicate
infectious diseases as referred to in paragraph (1)
carried out to protect the public from
contracting the disease, reducing the number of sick,
disability and/or death, as well as for
reduce the social and economic impact of disease
contagious.
(3) Efforts to prevent, control, and handle
infectious diseases as referred to in paragraph (1)
through promotive, preventive, curative,
and rehabilitation for individuals or communities.
(4) Control of infectious disease sources as referred to in
referred to in paragraph (3) is carried out on the environment
and/or people and other sources of transmission.
(5) The efforts as referred to in paragraph (1)
implemented on a regional basis.
(6) Implementation of the efforts as referred to in paragraph (3)
carried out across sectors.
(7) In carrying out the efforts as intended
in paragraph (1), the Government may cooperate
with other countries.

(8) Effort. . .

Page 57

- 57 (8) Efforts to prevent, control, and eradicate
infectious diseases as referred to in paragraph (1)
held

based on

terms

rules

legislation.

Article 153
The government guarantees the availability of immunization materials that
safe, quality, effective, affordable, and equitable for all
community for efforts to control infectious diseases
through immunization.
Article 154
(1) Government

by

periodically

set

and

announce the type and distribution of the disease
potentially infectious and/or spread over time
brief, as well as mentioning areas that can be
be a source of infection.
(2) The government may carry out surveillance of
infectious disease as referred to in paragraph (1).
(3) In carrying out the surveillance as intended
in paragraph (2), the Government may cooperate
with other peoples and countries.
(4) The government determines the type of disease that requires
quarantine, place of quarantine, and duration of quarantine.

Article 155
(1)

The local government periodically establishes and
announce the type and distribution of the disease
potentially infectious and/or spread over time
brief, as well as mentioning areas that can be
be a source of infection.

(2)

Local government can carry out surveillance
against infectious diseases as referred to in
paragraph (1).
(3) In . . .

Page 58

- 58 (3)

In carrying out the surveillance as intended
in paragraph (2), the local government can carry out work
same with society.

(4)

The local government determines the type of disease that
require quarantine, quarantine place, and time
quarantine.

(5)

Local governments in determining and
announce the type and distribution of the disease
potentially infectious and/or spread over time
brief and implementation of surveillance as well as determine
type of disease that requires quarantine, place
quarantine, and the length of quarantine is guided by
provisions as referred to in paragraph (1).

Article 156
(1)

In carrying out prevention, control,
and eradication of communicable diseases as
referred to in Article 154 paragraph (1), the Government may
declare the area in a state of epidemic, eruption,
or extraordinary events (KLB).

(2)

Determination of the area in a state of epidemic, eruption, or
extraordinary events (KLB) as referred to in
paragraph (1) must be carried out based on the results of research
recognized for its accuracy.

(3)

Government, local government, and community
make efforts to contain the epidemic,
eruptions, or extraordinary events as intended
in paragraph (2).

(4)

Determination of the area in a state of epidemic, eruption, or
extraordinary events and countermeasures
as referred to in paragraph (1) and paragraph (3),
carried out in accordance with the provisions of the regulations
legislation.

Article 157 . . .

Page 59

- 59 Article 157
(1)

Prevention of transmission of infectious diseases is mandatory
carried out by the community, including patients with
transmitted through clean and healthy living behavior.

(2)

In the implementation of the control of infectious diseases,
authorized health personnel can check
places suspected of vector development and
other sources of disease.

(3)

Further provisions regarding infectious diseases
as referred to in paragraph (1) is regulated by
Ministerial regulation.

The second part
Non-Communicable Diseases
Article 158
(1)

Government, local government and community
carry out prevention, control, and
handling of non-communicable diseases and their consequences
caused.

(2)

Efforts as referred to in paragraph (1) to
increase knowledge, awareness, will
healthy behavior and prevent disease
non-communicable and its consequences.

(3)

Prevention, control and handling efforts Upaya
non-communicable diseases as referred to in
paragraph (1) is carried out through promotive, preventive,
curative, and rehabilitative for individuals or society.

(4)

The provisions as referred to in paragraph (1),
paragraph (2), and paragraph (3) are carried out in accordance with
the provisions of the legislation.

Article 159 . . .

Page 60

- 60 Article 159
(1) Control of non-communicable diseases is carried out by
risk factor surveillance approach, disease registry, and
death surveillance.
(2) The activities as referred to in paragraph (1) are aimed at
obtain essential information and can
used for decision making in an effort to
control of non-communicable diseases.
(3) The activities as referred to in paragraph (1) are carried out
through cross-sectoral cooperation and by establishing
networks, both national and international.

Article 160
(1)

Government, local government together with the community
responsible for communicating
correct information and education about risk factors
non-communicable diseases that cover all phases
life.

(2)

The risk factors as referred to in paragraph (1) include:
Others include an unbalanced diet, lack of physical activity,
smoking, drinking alcohol, and passing behavior
incorrect traffic.

Article 161
(1) Management of non-communicable disease health services
covers the entire spectrum of services, both promotive,
preventive, curative and rehabilitative.
(2) Service management as referred to in
paragraph (1) is managed professionally so that the service
non-communicable disease health is available, can be
acceptable, easy to achieve, quality and affordable
by society.
(3) Service management as referred to in
paragraph (1) focuses on early detection and treatment
non-communicable disease.
CHAPTER XI . . .

Page 61

- 61 CHAPTER XI
ENVIRONMENTAL HEALTH
Article 162
Environmental health efforts are aimed at realizing
the quality of a healthy environment, whether physical, chemical, biological,
and social that enable everyone to achieve
the highest degree of health.
Article 163
(1)

Government, local government and community
ensure the availability of a healthy and unhealthy environment
pose a risk to health.

(2)

Healthy environment as referred to in paragraph (1)
includes residential areas, workplaces,
recreation areas, as well as public places and facilities.

(3)

Healthy environment as referred to in paragraph (2)
free from elements that cause interference
health, including:
a. liquid waste;
b. solid waste;
c. waste gas;
d. waste that is not processed according to
requirements set by the government;
e. disease-carrying animals;
f. hazardous chemicals;
g. noise that exceeds the threshold;
h. ionizing and non-ionizing radiation;
i. polluted water;
j. polluted air; and
k. contaminated food.

(4) Provisions. . .

Page 62

- 62 (4)

Provisions regarding health quality standards
environment and waste treatment processes as
referred to in paragraph (2), and paragraph (3), is determined by
Government regulations.

CHAPTER XII
OCCUPATIONAL HEALTH
Article 164
(1)

Occupational health efforts are aimed at protecting

workers to live healthy and free from distractions
health and the adverse effects caused by
profession.
(2)

Occupational health efforts as referred to in
paragraph (1) covers workers in the formal and informal sectors.

(3)

Occupational health efforts as referred to in
paragraph (1) applies to everyone other than workers who
be in the workplace.

(4)

Occupational health efforts as referred to in
Paragraphs (1) and (2) also apply to health in
the environment of the Indonesian national army both land, sea,
as well as the air and the Indonesian National Police.

(5)

The government sets occupational health standards
as referred to in paragraph (1) and paragraph (2).

(6)

Workplace managers must comply with health standards
work as referred to in paragraph (5) and
ensure a healthy work environment and
responsible for the occurrence of work accidents.

(7)

Workplace managers are responsible for
work accidents that occur in the work environment according to
with the provisions of laws and regulations.

Article 165 . . .

Page 63

- 63 Article 165
(1)

Workplace managers are required to do all forms of
effort

health

through

effort

prevention,

improvement, treatment and recovery for energy
work.
(2)

Workers are obliged to create and maintain health
a healthy workplace and obey the rules
happens in the workplace.

(3)

In the selection of candidates for employees at
company/institution, medical examination results
physically and mentally used as material
consideration in decision making.

(4)

The provisions as referred to in paragraph (1), paragraph (2),
and paragraph (3) is carried out in accordance with the provisions of
legislation.

Article 166
(1)

The employer or entrepreneur is obliged to guarantee health
workers through prevention, improvement,
treatment and recovery and must bear
the entire cost of health care workers.

(2)

The employer or entrepreneur bears the costs of
work-related health problems suffered by
workers in accordance with statutory regulations.

(3)

The government provides encouragement and assistance for
protection of workers as referred to in
paragraph (1) and paragraph (2).

CHAPTER XIII . . .

Page 64

- 64 CHAPTER XIII
HEALTH MANAGEMENT
Article 167
(1)

Health management organized by
Government, local government and/or community
through the management of health administration, information
health, health resources, health efforts,
health financing, participation and empowerment
society, science and technology in the field of
health, as well as the regulation of health law
integrated and mutually supportive to ensure that
achieving the highest level of health.

(2)

Health management is carried out in stages in
center and area.

(3)

Health management as referred to in
paragraph (1) is made in a national health system.

(4)

The provisions as referred to in paragraph (1), paragraph (2),
and paragraph (3) shall be regulated by Presidential Regulation.

CHAPTER XIV
HEALTH INFORMATION
Article 168
(1) To carry out effective health efforts
and efficiently required health information.
(2) Health information as referred to in
paragraph (1) is carried out through the information system and through
across sectors.
(3) Further provisions regarding information systems
as referred to in paragraph (2) is regulated by
Government regulations.

Article 169 . . .

Page 65

- 65 Article 169
The government provides convenience to the community
to gain access to health information in
efforts to improve public health status.
CHAPTER XV
HEALTH FINANCING
Article 170
(1)

Health financing aims to provide
sustainable health financing with
sufficient amount, allocated equitably, and
utilized effectively and efficiently
to ensure the implementation of development
health in order to improve health status
society at its highest.

(2)

The elements of health financing as
referred to in paragraph (1) consists of sources of financing,
allocation, and utilization.

(3)

Sources of health financing come from the Government,
local government, community, private sector and sources
other.
Article 171

(1)

The government's health budget is allocated
a minimum of 5% (five percent) of the budget
state revenues and expenditures excluding salaries.

(2)

The size of the provincial government's health budget,
districts/cities are allocated a minimum of 10% (ten
percent) of the regional revenue and expenditure budget in
outside of salary.

(3)

The amount of the health budget as intended
in paragraph (1) and paragraph (2) prioritized for
the importance of public services in the amount
at least 2/3 (two thirds) of the budget
health in the income and expenditure budget
state and local revenue and expenditure budgets.
Article 172 . . .

Page 66

- 66 Article 172
(1) The allocation of health financing as referred to
in Article 171 paragraph (3) is intended for services
health in the field of public services, especially
for the poor, the elderly, and children
displaced.
(2) Further provisions regarding allocation procedures
health financing as referred to in
paragraph (1) shall be regulated by a Government Regulation.

Article 173
(1)

Allocation of health financing sourced from
private sector as referred to in Article 170 paragraph (3)
mobilized through the national social security system
and/or commercial health insurance.

(2)

Provisions regarding the procedures for operating the system
national social security and/or health insurance
commercial as referred to in paragraph (1)
carried out in accordance with the provisions of the regulations
legislation.

CHAPTER XVI
COMMUNITY PARTICIPATION
Article 174
(1)

The community participates, both individually
as well as organized in all forms and stages
health development in order to help
accelerate the achievement of public health status kesehatan
the highest.

(2)

The participation as referred to in paragraph (1)
includes active and creative participation.

CHAPTER XVII . . .

Page 67

- 67 CHAPTER XVII
HEALTH CONSIDERATION AGENCY
Part One
Name and Position
Article 175
Body

consideration

health

is

body

independent, who has the duties, functions, and authorities in
health.
Article 176
(1)

The health advisory body is domiciled at the Center
and area.

(2)

The central health advisory body is called the Badan
National Health Considerations hereinafter abbreviated
BPKN is domiciled in the capital city of the Republic of Indonesia
Indonesia.

(3)

The next regional health advisory body
abbreviated as BPKD is domiciled in the province and
district/city.

(4)

The position of BPKN and BPKD as intended
in paragraph (2) and paragraph (3) are up to the level of
districts.
The second part
Roles, Duties and Authorities
Article 177

(1)

BPKN and BPKD play a role in helping the government and
community in the health sector in accordance with
the scope of their respective duties.

(2)

BPKN and BPKD as referred to in paragraph (1)
has the following duties and authorities:
a. inventory problems through reviewla
to various relevant information and data
or affect the development process
health;
b. give . . .

Page 68

- 68 b. provide input to the government regarding
health development goals over the period
a period of 5 (five) years;
c. formulate achievement strategies and priorities
health development activities;
d. provide input to the government in
resource identification and mobilization
for health development;
e. conduct advocacy on the allocation and
use of funds from all sources so that
its utilization is effective, efficient, and in accordance with the
defined strategy;
f. monitor

and

evaluate

implementation

health development; and
g. formulate and propose corrective actions
what needs to be done in the implementation
distorted health development.
(3)

BPKN and BPKD play a role in helping the government and
community in the health sector.

(4)

Further provisions regarding membership, composition
organization and financing of BPKN and BPKD
as referred to in paragraph (1) is regulated by
Presidential decree.

CHAPTER XVIII
GUIDANCE AND SUPERVISION
Part One
coaching
Article 178
The government and local governments carry out coaching
to the community and to each organizer
activities related to health resources in
health and health care.

Article 179 . . .

Page 69

- 69 Article 179
(1)

The guidance as referred to in Article 178
directed to:
a. meet everyone's needs in
gain access to resources in the field of
health;
b. mobilize and carry out maintenance
health efforts;
c. facilitate and organize facilities
health and health service facilities;
d. Fulfill

needs

Public

for

get medical supplies, including
pharmaceutical preparations and medical devices as well as food
and drinks;
e. meet the nutritional needs of the community in accordance with
standards and requirements;
f. protect

Public

to

all

possibilities that may pose a danger to
health.
(2)

The guidance as referred to in paragraph (1)
implemented through:
a. communication, information, education and empowerment
Public;
b. utilization of health workers;
c. financing.

Article 180
In the context of fostering, the Government and local governments,
can give awards to people or entities
who have contributed in every activity to realize the goal
health.
Article 181
Further provisions regarding guidance are regulated by
Ministerial regulation.

The second part . . .

Page 70

- 70 The second part
Supervision
Article 182
(1)

The Minister supervises the community
and any related activity organizers kegiatan
with resources in the health sector and efforts
health.

(2)

The Minister in carrying out supervision can
give permission for every effort
health.

(3)

The Minister in carrying out the supervision as
referred to in paragraph (1) and paragraph (2) may
delegate to non-government agencies
ministries, heads of offices in provinces, and
districts/cities whose main tasks and functions are
health.

(4)

Minister

in

doing

supervision

involve the community.

Article 183
The Minister or Head of Service as referred to in
Article 182 in carrying out its duties may raise
supervisory staff with the main task of carrying out
Supervision of everything related
with resources in the health sector and efforts
health.
Article 184
In carrying out the tasks as referred to in
Article 183, supervisory staff has the following functions:
a. enter every place suspected of being used in
activities related to the implementation of
health efforts;
b. check the licenses owned by health workers
and health facilities.

Article 185 . . .

Page 71

- 71 Article 185
Everyone in charge of the place
inspection is carried out by supervisory personnel having
the right to refuse examination if the supervisory
concerned is not equipped with identification
and an inspection warrant.
Article 186
If the results of the examination indicate suspicion or
should be suspected of violating the law in the health sector,
supervisory personnel are required to report to investigators in accordance with
with the provisions of laws and regulations.
Article 187
Further provisions on supervision are regulated by
Ministerial regulation.
Article 188
(1)

Minister can take administrative action
to health workers and service facilities
health that violates the provisions as
regulated in this Law.

(2)

The Minister may delegate the authority as follows:
referred to in paragraph (1) to government institutions
non-ministerial,

head

service

province,

or

districts/cities whose main tasks and functions are
health.
(3)

Administrative actions as referred to in
paragraph (1) can be in the form of:
a. written warning;
b. revocation of temporary or permanent permits.

(4)

Further provisions regarding the procedure for taking
administrative actions as referred to in this article
regulated by the Minister.

CHAPTER XIX . . .

Page 72

- 72 CHAPTER XIX
INVESTIGATION
Article 189
(1)

In addition to investigators from the state police of the Republic of Indonesia, to
certain civil servant officials in the neighborhood
government that carries out affairs in the field of
health is also given special authority as
investigators as referred to in the Act
Number 8 of 1981 concerning Criminal Procedure Code
to carry out criminal investigations in the field of
health.

(2)

Investigators as referred to in paragraph (1)
authorized:
a. carry out an examination of the veracity of the report
as well as information on criminal acts in the field of
health;
b. carry out investigations of suspected persons
commit a crime in the health sector;
c. ask for information and evidence from people
or legal entity in connection with the act
crime in the health sector;
d. carry out checks on letters and/or
other documents regarding criminal acts in the field of

health;
e. carry out inspection or confiscation of materials or
evidence in criminal cases in the field of
health;
f. ask for expert help in the implementation
the task of investigating criminal acts in the health sector;
g. stop the investigation if there is no
sufficient evidence to prove the existence of an act
crime in the health sector.
(3)

The authority as referred to in paragraph (2)
carried out by investigators in accordance with the provisions of
Criminal Procedure Law.

CHAPTER XX . . .

Page 73

- 73 CHAPTER XX
CRIMINAL PROVISIONS
Article 190
(1)

Head of health service facilities and/or personnel
health professionals who practice or work at
health care facilities that intentionally do not
provide first aid to patients who
in an emergency situation as referred to
in Article 32 paragraph (2) or Article 85 paragraph (2) shall be punished
with a maximum imprisonment of 2 (two) years and
a maximum fine of Rp. 200,000,000.00 (two hundred million
rupiah).

(2)

In the case of the act as referred to in
paragraph (1) results in a disability or
death, head of health care facilities
and/or the health worker shall be sentenced to
imprisonment for a maximum of 10 (ten) years and
a maximum fine of Rp. 1,000,000,000.00 (one billion
rupiah).

Article 191
Everyone who without permission to practice service
traditional health care using tools and technology
as referred to in Article 60 paragraph (1) so that
result in property loss, serious injury or
death shall be punished with imprisonment for a maximum of 1 (one)
years and a maximum fine of Rp. 100,000,000.00 (one hundred
million rupiah).
Article 192
Everyone who deliberately trades organs
or body tissues under any pretext as
referred to in Article 64 paragraph (3) shall be punished with a criminal
imprisonment for a maximum of 10 (ten) years and a fine of not more
1,000,000,000.00 (one billion rupiah).

Article 193 . . .

Page 74

- 74 Article 193
Everyone who intentionally does plastic surgery
and reconstruction for the purpose of changing one's identity
as referred to in Article 69 is threatened with
imprisonment for a maximum of 10 (ten) years and a fine
a maximum of IDR 1,000,000,000.00 (one billion rupiah)
Article 194
Everyone who intentionally has an abortion does not
in accordance with the provisions as referred to in Article
75 paragraph (2) shall be sentenced to a maximum imprisonment of 10
(ten) years and a maximum fine of Rp. 1,000,000,000.00
(one billion rupiah).
Article 195
Everyone who deliberately trades blood
under any pretext as referred to in Article 90
Paragraph (3) shall be sentenced to a maximum imprisonment of 5 (five)
years and a maximum fine of Rp. 500,000,000.00 (five hundred
million rupiah).
Article 196
Any person who knowingly produces or
circulate pharmaceutical preparations and/or medical devices which
does not meet safety standards and/or requirements,
efficacy or benefit, and quality as intended
in Article 98 paragraph (2) and paragraph (3) shall be punished with a criminal sentence
imprisonment for a maximum of 10 (ten) years and a fine of not more
1,000,000,000.00 (one billion rupiah).
Article 197
Any person who knowingly produces or
circulate pharmaceutical preparations and/or medical devices which
does not have a distribution permit as referred to in Article
106 paragraph (1) shall be sentenced to a maximum imprisonment of 15
(five

mercy)

year

and

fine

most

Lots

Rp1,500,000,000.00 (one billion five hundred million rupiah).

Article 198 . . .

Page 75

- 75 Article 198
Everyone who does not have the expertise and authority
to carry out the pharmaceutical practice as intended
in Article 108 shall be punished with a maximum fine of
IDR 100,000,000.00 (one hundred million rupiah).
Article 199
(1)

Any person who knowingly produces or
put cigarettes into the territory of the Unitary State
Republic of Indonesia by not including
health warning in the form of an image as
referred to in Article 114 shall be sentenced to imprisonment for a maximum of
5 (five) years and a maximum fine
IDR 500,000,000 (five hundred million rupiahs);

(2)

Everyone who intentionally violates the area
without smoking as referred to in Article 115
shall be subject to a fine of not more than Rp. 50,000,000.00 (five
tens of millions of rupiah).

Article 200
Everyone who intentionally blocks the program
exclusive breastfeeding as intended
Article 128 paragraph (2) is sentenced to a maximum imprisonment of 1 (one)
years and a maximum fine of Rp. 100,000,000.00 (one hundred
million rupiah)
Article 201
(1)

In the case of a criminal act as referred to in
Article 190 paragraph (1), Article 191, Article 192, Article 196,
Article 197, Article 198, Article 199, and Article 200
committed by corporations, in addition to imprisonment and
fines against the management, the punishment that can be
imposed on the corporation in the form of a fine
with a weighting of 3 (three) times of the fine
as referred to in Article 190 paragraph (1),
Article 191, Article 192, Article 196, Article 197, Article 198,
Article 199, and Article 200.
(2) Apart from . . .

Page 76

- 76 (2)

In addition to the fine as referred to in
paragraph (1), corporations may be subject to additional penalties
in the form of:
a. revocation of business license; and/or
b. revocation of legal entity status.

CHAPTER XXI
TRANSITIONAL TERMS
Article 202
Legislation as the implementation of the Law
This law is enacted no later than 1 (one) year since the
the date of promulgation of this Law.
Article 203
At the time this Law comes into effect, all regulations
implementation of Law Number 23 of 1992 concerning
Health is declared still valid as long as it is not
contrary to the provisions of this Law.

CHAPTER XXII
CLOSING
Article 204
At the time this Law comes into effect, this Law
Number 23 of 1992 concerning Health (State Gazette of
Republic of Indonesia 1992 Number 100, Supplement
State Gazette of the Republic of Indonesia Number 3495) is revoked and
declared invalid.
Article 205
This Law shall come into force on the date of its promulgation.

So that . . .

Page 77

- 77 So that

every

person

know it,

instruct

the promulgation of this Law with its placement
in the State Gazette of the Republic of Indonesia.
Legalized in Jakarta
on October 13, 2009 13
October 2009
PRESIDENT OF THE REPUBLIC OF INDONESIA,
signed.

DR.H. SUSILO BAMBANG YUDHOYONO
Promulgated in Jakarta
on October 13, 2009 October 13, 2009
MINISTER OF LAW AND HUMAN RIGHTS
REPUBLIC OF INDONESIA,

signed.

ANDI MATTALATTA
STATE GAZETTE OF THE REPUBLIC OF INDONESIA YEAR 2009 NUMBER 144 144

Copies match the original
STATE SECRETARIAT OF RI
Head of Legislation Bureau
Politics and People's Welfare,

Vishnu Setiawan

Page 79
78

EXPLANATION
ON
LAWS OF THE REPUBLIC INDONESIA
NUMBER 36 YEAR 2009
ABOUT
HEALTH

I. GENERAL

In the preamble to the 1945 Constitution, the ideals are clearly stated
the Indonesian nation which is also the nation's national goal
Indonesia. The national goal is to protect the whole nation
Indonesia and all of Indonesia's bloodshed and promote
general welfare, educate the nation's life and participate in
carry out world order based on freedom of peace
immortality and social justice.
In order to achieve these national goals, efforts were made to
sustainable development which is a series of
comprehensive, directed and integrated development, including
health development.
Health is a human right and one of the elements
welfare that must be realized in accordance with the ideals of the nation
Indonesia as referred to in Pancasila and the Preamble to the Law
1945 Constitution of the Republic of Indonesia.
Therefore, every activity and effort to increase the degree of
public health that is carried out at the highest level based on
non-discriminatory, participatory, protective and sustainable principles that
very important for the formation of Indonesian human resources,
increasing national resilience and competitiveness, as well as development
national.
Efforts to improve the health status of the highest
initially in the form of an effort to cure the disease, then gradually
gradually develop towards integrated health efforts for all
community by involving the wider community who
includes promotive, preventive, curative and rehabilitative efforts that are
comprehensive, integrated and sustainable. This development is contained in
in . . .

Page 80

-2in the National Health System (SKN) in 1982 onwards
mentioned in the 1983 GBHN and 1988 GBHN as the order for
implementing health development.
In addition, the development of health technology that goes hand in hand with
The emergence of the phenomenon of globalization has caused many changes
whose nature and existence is very different from the text listed
in Law Number 23 of 1992 concerning Health. fast
advances in health technology and information technology in this global era
it turns out that Law Number 23 has not been accommodated properly
1992 concerning Health.
Inappropriate planning and financing of health development
with Law Number 23 of 1992, which focuses on
treatment (curative), causing a mindset that develops in
society is how to treat when exposed to disease. That matter
will certainly require greater funds when compared to
prevention. As a consequence, people will always see
the issue of health financing as something that is
consumptive/wasteful.
In addition, the point of view of policy makers is still not
consider health as a primary need and investment
valuable in carrying out development so that the allocation of funds
health is still relatively low when compared to
other countries.
For this reason, it is time for us to see health issues as a problem
key factor and a valuable investment whose implementation is based on
a new paradigm commonly known as the healthy paradigm, namely:
a health paradigm that prioritizes promotive and preventive efforts
without neglecting curative and rehabilitative.
In order to implement the healthy paradigm, it takes a
sound laws, not laws that
sick minded.
On the other hand, the development of state administration has shifted from centralization
towards decentralization which was marked by the enactment of the Law
Law Number 32 of 2004 concerning Regional Government as referred to in
last amended by Law Number 12 of 2008
concerning the Second Amendment to Law Number 32 of 2008
about Regional Government.
Constitution . . .

Page 81

-3The law contains provisions stating that
the health sector is completely left to their respective regions
which each region is given the authority to manage and
covering all aspects of health.
As a follow-up to the implementation of Law Number 32
In 2004, the Government issued a Government Regulation
Number 38 of 2007 which regulates the division of affairs between
government, provincial government and district/city government.
Based on this, Law Number 23 of 1992 concerning
Health needs to be adapted to the spirit of regional autonomy.
Therefore, it is necessary to form a general health policy that can
implemented by all parties and at the same time can answer challenges
the era of globalization and with the increasing complexity of health problems permasalahan
in a new Health Act to replace
Law Number 23 of 1992 concerning Health.

II. CHAPTER BY ARTICLE
article 1
Quite clear.
Section 2
Health development must take into account the various principles that
provide direction for health development and is implemented through
health efforts as follows:
(5) the principle of humanity which means that health development
must be based on humanity based on
Belief in the One and Only God without distinction of class
religion and nation.
(6) the principle of balance means that health development must
carried out between the interests of individuals and society, between
physical and mental, as well as between material and spiritual.
(7) the principle of benefit means that health development must
provide the greatest benefit to humanity and
healthy life for every citizen.

d. principle . . .

Page 82

-4(8) the principle of protection means that health development must
can provide legal protection and certainty to
providers and recipients of health services.
(9) the principle of respect for rights and obligations means that
health development by respecting the rights and obligations
society as a form of equal legal status.
(10) the principle of justice means that the administration of health must
can provide fair and equitable service to all
layers of society with affordable financing.
(11) the principle of gender and non-discrimination means that development
health does not discriminate in the treatment of women and
man.
(12) the principle of religious norms means that health development must be
pay attention and respect and do not discriminate against religion
held by society.
Article 3
Realizing the degree of public health is an effort to
improve the state of health that is better than before.
The highest possible degree of health can be achieved in
at a time according to the conditions and situations as well as the
real from every person or society.
Health efforts must always be improved continuously
continuously so that a healthy community as an investment in
development can live productively socially and economically.
Article 4
The right to health as referred to in this article is the right to
obtain health services from health care facilities
in order to achieve the highest level of health.
Article 5
Quite clear.

Article 6 . . .

Page 83

-5Article 6
Quite clear.
Article 7
Quite clear.
Article 8
Quite clear.
Article 9
Quite clear.
Article 10
Quite clear.
Article 11
Quite clear.
Article 12
Quite clear.
Article 13
Quite clear.
Article 14
Paragraph (1)
In order for health efforts to be effective and efficient, the Government
need to plan, organize, foster and supervise
implementation of health efforts or their resources
harmonious and balanced by involving active participation
Public
Paragraph (2)
Quite clear.

Article 15 . . .

Page 84

-6Article 15
Quite clear.
Article 16
In order to be able to provide equal distribution of health services to
community, it is necessary to have an equitable availability of health workers
in the sense that its utilization and distribution must be evenly distributed throughout
areas to remote areas making it easier for the community
in obtaining health services.
Article 17
Quite clear.
Article 18
Active participation of the community in the implementation of health efforts
need to be moved and directed in order to be effective and successful
To use.
Article 19
To carry out health efforts that are evenly distributed and affordable by
community requires the availability of health service facilities in
throughout the region to remote areas that are easily accessible by
whole society.
Article 20
Quite clear.
Article 21
Paragraph (1)
In principle, planning, procurement, utilization,
coaching and quality control of health workers is aimed at
to all health workers in carrying out efforts
health. Health workers can be grouped according to
skills and qualifications possessed, among others, include
medical personnel, pharmacy staff, nursing personnel, health workers
community and environment, nutrition workers, physical therapy personnel,
medical technicians, and other health workers.

Paragraph (2) . . .

Page 85

-7Paragraph (2)
Quite clear.
Paragraph (3)
The regulation of health workers in the law is
health workers other than medical personnel.
Article 22
Quite clear.
Article 23
Paragraph (1)
The authority referred to in this paragraph is the authority
given based on their education after going through the process
registration and granting of permits from the government in accordance with
legislation.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Paragraph (4)
While providing health services, health workers must:
prioritizing medical indications and non-discrimination, for the sake of
the best interests of the patient and according to medical indications.
Paragraph (5)
Quite clear.
Article 24
Quite clear.
Article 25
Quite clear.
Article 26
Paragraph (1)
Quite clear.
Paragraph (2) . . .

Page 86

-8Paragraph (2)
The granting of authority to local governments is intended
in order to provide an opportunity for the regions to regulate
own procurement and utilization of health workers who
needed according to the needs of the region while still referring to the
on laws and regulations.
Paragraph (3)
Quite clear.
Paragraph (4)
Quite clear.
Paragraph (5)
Quite clear.
Article 27
Paragraph (1)
Quite clear.
Paragraph (2)
The obligation to develop and improve knowledge and
skills are intended so that health workers who
concerned can provide quality services in accordance with
with the development of new science and technology.
Paragraph (3)
Quite clear.
Article 28
Quite clear.
Article 29
Mediation is carried out when a dispute arises between health workers
health care provider with the patient as the recipient
health services. Mediation is carried out with the aim of
resolve disputes out of court by a mediator who
agreed upon by the parties.
Article 30 . . .

Page 87

-9Article 30
Paragraph (1)
Quite clear.
Paragraph (2)
What is meant by first-rate health services?
are health services provided by service facilities
basic health.
What is meant by second-level health services are:
health services provided by service facilities
specialist health.
What is meant by third-level health services are:
health services provided by service facilities
sub-specialty health.
Paragraph (3)
Quite clear.
Paragraph (4)
Quite clear.
Paragraph (5)
Quite clear.
Article 31
Quite clear.
Article 32
Quite clear.
Article 33
Quite clear.
Article 34
Paragraph (1)
Quite clear.

Paragraph (2) . . .

Page 88

- 10 Paragraph (2)
For health workers who are undergoing the learning process
collectively granted permission in accordance with the provisions of the regulations
legislation.
Paragraph (3)
Quite clear.
Article 35
Quite clear.
Article 36
Quite clear.
Article 37
Quite clear.
Article 38
Quite clear.
Article 39
Quite clear.
Article 40
Paragraph (1)
Quite clear.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Paragraph (4)
Quite clear.
Paragraph (5)
Quite clear.

Paragraph (6) . . .

Page 89

- 11 Paragraph (6)
What is meant by “generic drugs” are generic drugs with
using the International Non Property Name (INN).
Paragraph (7)
Quite clear.
Article 41
Quite clear.
Article 42
Paragraph (1)
Research and development of science and technology
health is intended to produce health information,
technology, technology products, and health information technology (IT)
to support health development. Development
technology, technology products, information technology (IT) and Information
Health is carried out in accordance with the provisions of property rights
intellectual property (IPR). For research on emerging infectious diseases
new or recurring ( new emerging or re-emerging diseases )
can lead to health concerns and emergencies
public health ( public health emergency of international
concern / PHEIC) must be considered benefit ( benefit
sharing ) and tracing its origin ( tracking system )
for the sake of the national interest.
Paragraph (2)
What is meant by “health technology” in this provision
is a method, method, process, or product resulting from
application and utilization of scientific disciplines in the field of
health that produces value for meeting needs,
continuity and improvement of the quality of human life.
Paragraph (3)
Quite clear.

Article 43 . . .

Page 90

- 12 Article 43
Paragraph (1)
Institutional science and technology consists of elements
universities, research and development institutions, agencies
businesses, and supporting institutions. Research institute and
health development functions to grow abilities
advancement of science and technology in the health sector.
Paragraph (2)
Quite clear.
Article 44
Paragraph (1)
What is meant by trial is part of the activity
research and development. Research is an activity that
carried out according to scientific principles and methods systematically
to obtain information, data, and related information
with understanding and proof of truth or
the untruth of an assumption and/or hypothesis in the field of science
knowledge and technology and draw scientific conclusions for
the need for scientific and technological progress.
Development is a science and technology activity
which aims to utilize the rules and theories of science
which has been proven to improve function,
benefits, and applications of science and technology that have been
exist or produce new technology.
Science is a series of unearthed knowledge,
compiled, and developed systematically with
using a particular approach that is based on the methodology
scientific, whether quantitative, qualitative, or exploratory
to explain the evidence of natural phenomena and/or symptoms
certain society.
Paragraph (2)
All trials that use humans as test subjects
mandatory trials are based on three general ethical principles, namely:
respect for human dignity ( respect for persons )
aims to respect autonomy and protect human beings who
autonomy is disturbed / lacking, do good ( beneficence ) and not
harm ( nonmaleficence ) and justice ( justice ).
Paragraph (3) . . .

Page 91

- 13 Paragraph (3)
Human trials should be carried out with due regard
health and safety concerned. Research and
development that uses humans as subjects must
got informed consent . Before asking the subject's consent
research, the researcher must provide information about the purpose of
health research and development and use
as a result, guarantees of confidentiality regarding identity and personal data,
methods used, risks that may arise and other things
that the person concerned needs to know in order to
health research and development.
Paragraph (4)
Experimental animals must be selected with priority
the animal with the most neurophysiological sensitivity
low ( nonsentient organism ) and the lowest animal in
evolutionary scale. Reasonable caution must be
applied to research that can affect the environment
and animal health used in research should be
respected.
Paragraph (5)
Quite clear.
Article 45
Paragraph (1)
The prohibition as referred to in this paragraph is intended for
development of technology and/or technology products that
intended to be misused as a weapon and/or material
biological weapons, which pose a safety hazard
human,

sustainability

function

environment,

harmony

society, national safety, and harm the state, and
jeopardize national security.
Paragraph (2)
Quite clear.

Article 46 . . .

Page 92

- 14 Article 46
Quite clear.
Article 47
Quite clear.
Article 48
Quite clear.
Article 49
Quite clear.
Article 50
Quite clear.
Article 51
Quite clear.
Article 52
Quite clear.
Article 53
Quite clear.
Article 54
Quite clear.
Article 55
Quite clear.
Article 56
Quite clear.
Article 57
Quite clear.

Article 58 . . .

Page 93

- 15 Article 58
Paragraph (1)
Included in “losses” due to health services include:
in it is the leaking of medical secrets.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Article 59
Quite clear.
Article 60
Paragraph (1)
What is meant by "use of tools and technology" in
This provision is one that does not conflict with the action
traditional treatment.
Paragraph (2)
Quite clear.
Article 61
Quite clear.
Article 62
Quite clear.
Article 63
Quite clear.
Article 64
Quite clear.

Article 65 . . .

Page 94

- 16 Article 65
Paragraph (1)
What is meant by “certain health service facilities”
in this provision are facilities determined by the Minister
that have met the requirements, including equipment,
personnel and other support to be able to carry out
organ and/or tissue transplantation.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Article 66
Quite clear.
Article 67
Paragraph (1)
Delivery of specimens or body organ parts is carried out in
the framework of conducting health research and development,
health services, education and other interests.
Other interests are surveillance, External Event investigation
Ordinary (KLB), laboratory safety and security quality standards
health as a determinant of the diagnosis of infectious diseases, efforts
collection of microorganisms, collection of material, and genetic data from data
the patient and the causative agent of the disease. Overseas delivery
can only be done if the means to achieve the goals and objectives
the examination cannot be carried out by health workers
as well as health service facilities or research institutions and
domestic development, as well as for control purposes
quality in order to update the accuracy of standard capabilities
diagnostics and therapy by the institution concerned. Delivery
the specimen or part of the organ in question must be accompanied by
with the Material Transfer Agreement and supporting documents
relevant.
Paragraph (2)
Quite clear.
Article 68 . . .

Page 95

- 17 Article 68
Quite clear.

Article 69
Quite clear.
Article 70
Paragraph (1)
What is meant by “stem cells” in this provision are cells
in the human body with a special ability that is able to
renew or regenerate itself and be able to
differentiate into other specific cells.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Article 71
Quite clear.
Article 72
Quite clear.
Article 73
Quite clear.
Article 74
Quite clear.
Article 75
Paragraph (1)
Quite clear.
Paragraph (2)
Quite clear.
Paragraph (3) . . .

Page 96

- 18 Paragraph (3)
What is meant by “counselor” in this provision is
everyone who already has a certificate as a counselor through
education and training. Those who can become counselors are:
doctors, psychologists, community leaders, religious leaders, and everyone
who have the interest and have the skills for it.
Paragraph (4)
Quite clear.
Article 76
Quite clear.
Article 77
What is meant by the practice of abortion that is not of good quality?
safe, and irresponsible is abortion performed
by force and without the consent of women who
concerned, which is carried out by health workers who do not
professional, without following professional standards and services
applicable, discriminatory, or preferring material rewards
than medical indications.
Article 78
Quite clear.
Article 79
Quite clear.
Article 80
Quite clear.
Article 81
Quite clear.

Article 82 . . .

Page 97

- 19 Article 82
Paragraph (1)
What is meant by “disaster” in this provision is
events or series of events that threaten and
interfere with the lives and livelihoods of the people who
caused, either by natural factors and/or non-natural factors
as well as human factors resulting in the emergence of
human casualties, environmental damage, property loss and
psychological impact.
The government must facilitate the availability of resources and
implementation of health services in pre-disaster, during disaster
and post-disaster.
Paragraph (2)
What is meant by “disaster emergency response” in this provision
is a series of activities that are carried out immediately on
during a disaster to deal with the adverse effects that
caused, which includes rescue and evacuation activities
victims, property, fulfillment of basic needs, protection,
refugee management, rescue, and infrastructure restoration
and means.
Paragraph (3)
Quite clear.
Paragraph (4)
Quite clear.
Paragraph (5)
Quite clear.
Article 83
Quite clear.
Article 84
Quite clear.
Article 85
Quite clear.
Article 86
Quite clear.
Article 87
Quite clear.
Article 88
Quite clear.
Article 89
Quite clear.
Article 90 . . .

Page 98

- 20 Article 90
Paragraph (1)
Quite clear.
Paragraph (2)
In order to ensure the availability of blood for health services,
government guarantees are realized in the form of subsidies
to the blood transfusion unit (UTD) sourced from the budget
state revenues and expenditures (APBN), the revenue and expenditure budget
regional expenditure (APBD) and other assistance.
Paragraph (3)
Blood as a gift from God the Most Gracious to everyone
Humans should not be used as objects of buying and selling to find
profit, even under the pretext of making a living.
Article 91
Paragraph (1)
What is meant by “processing process” in this provision
is the separation of blood components into plasma and blood cells
red blood cells, white blood cells and blood clotting cells made by
UTD and processing costs are borne by the state.
What is meant by “production process” in this provision
is a fractionation process in which proteins are broken down
plasma into, among others, albumin, globulin, factor VIII and
factor IX is carried out by industries whose prices are controlled by
Government.
Paragraph (2)
What is meant by “controlled” in this provision
including the price of products sourced from processing
blood transfusion.
Article 92
Quite clear.
Article 93
Paragraph (1)
Scope of problems from dental and oral health in terms of phases
growth and development:
a. phase . . .

Page 99

- 21 a. Fetal phase;
b. Pregnant mother;
c. Children;
d. Teenagers;
e. Adult; and
f. Elderly.
Paragraph (2)
Quite clear.
Article 94
Quite clear.
Article 95
Paragraph (1)
The government mobilizes community empowerment for donors
corneal and cataract surgery in order to prevent blindness and
hearing.
Paragraph (2)
Quite clear.
Article 96
Quite clear.
Article 97
Paragraph (1)
What is meant by “health matra” in this provision
is a condition in which the environment changes significantly
can cause health problems.
Paragraph (2)
What is meant by “field health” in this provision
is the health-related dimension of work
land that is temporary and changing. As for the main target
is to provide operational health support and
coaching for everyone who directly or indirectly
not directly involved in field activities.
which . . .

Page 100

- 22 What is meant by “marine and underwater health” in
this provision is the health of the matra related to
work at sea and related circumstances
high pressure (hyperbaric) environment with a target
principal to provide operational health support and coaching
the health of any person who directly or indirectly
directly involved in the operation of marine equipment and under
water.
What is meant by “aerospace health” in
This provision is the health of the air dimension which includes space
scope of aviation health and space health kesehatan
under low pressure (hypobaric)
by having the main goal of supporting
operational health and health development for each
people directly or indirectly.
Paragraph (3)
Quite clear.
Paragraph (4)
Quite clear.
Article 98
Quite clear.
Article 99
Quite clear.
Article 100
Quite clear.
Article 101
Quite clear.
Article 102
Quite clear.
Article 103
Quite clear.

Article 104 . . .

Page 101

- 23 Article 104
Quite clear.
Article 105
Paragraph (1)
What is meant by “other standard books” in this provision
is if it is not in the Indonesian pharmacopoeia, it can be
use US pharmacopoeia, British pharmacopoeia, international
pharmacopoeia.
Paragraph (2)
Quite clear.
Article 106
Quite clear.
Article 107
Quite clear.
Article 108
Paragraph (1)
What is meant by “health workers” in this provision
are pharmacists in accordance with their expertise and
his authority. In the event that there is no pharmacist,
certain health professionals can practice pharmaceutical
limited, for example, among others, doctors and/or dentists, midwives,
and nurses, which are carried out in accordance with the regulations
legislation.
Paragraph (2)
Quite clear.
Article 109
Quite clear.
Article 110
Quite clear.
Article 111
Quite clear.

Article 112 . . .

Page 102

- 24 Article 112
In the settings, including the use of additional materials,
foods and beverages that may be used in the production and
food and beverage processing.
Article 113
Paragraph (1)
Quite clear.
Paragraph (2)
Quite clear.
Paragraph (3)
The setting of standards is directed so that the addictive substances contained in
the material can be pressed to prevent the circulation of the material
false. Determination of the requirements for the use of materials
contains addictive substances intended to suppress and prevent
use that interferes with or is detrimental to health.
Article 114
What is meant by “health warning” in this provision
is writing that is clear and easy to read and can be accompanied by pictures
or other forms.
Article 115
Paragraph (1)
Especially for workplaces, public places, and other places
provide a special place for smoking.
Paragraph (2)
Local governments in determining smoke-free areas must
consider all aspects holistically.
Article 116
Quite clear.
Article 117
Quite clear.

Article 118 . . .

Page 103

- 25 -

Article 118
Quite clear.
Article 119
Quite clear.
Article 120
Quite clear.
Article 121
Quite clear.
Article 122
Quite clear.
Article 123
Quite clear.
Article 124
Quite clear.
Article 125
Quite clear.
Article 126
Quite clear.
Article 127
Quite clear.
Article 128
Paragraph (1)
What is meant by “exclusive breastfeeding” in
This provision is the provision of only breast milk for 6 months,
and can be continued for up to 2 (two) years with
provide complementary foods for breast milk (MP-ASI) as a
additional food according to the needs of the baby.
which . . .

Page 104

- 26 What is meant by “medical indication” in this provision
is a maternal health condition that does not allow
provide breast milk based on medical indications
determined by medical personnel.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Article 129
Paragraph (1)

Paragraph (1)
What is meant by “policy” in this provision are:
making norms, standards, procedures and criteria.
Paragraph (2)
Quite clear.
Article 130
Quite clear.
Article 131
Quite clear.
Article 132
Quite clear.
Article 133
Quite clear.
Article 134
Quite clear.
Article 135
Quite clear.

Article 136 . . .

Page 105

- 27 Article 136
Paragraph (1)
Every school-age child and teenager has the right to information and
education and health services, including reproductive health
adolescents by paying attention to the problems and needs of
free from various health problems and diseases that
can hinder the development of children's potential.
Every school-age child and teenager has the right to
health education through schools and madrasas and
outside of school to improve children's life skills in
healthy living environment so that they can learn, grow and
develop harmoniously and optimally into resources
quality human.
Efforts to foster school age and youth as intended
in paragraph (1) must be aimed at preparing children to become
healthy, intelligent and productive adults both socially and
economy.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Article 137
Quite clear.
Article 138
Quite clear.
Article 139
Quite clear.
Article 140
Quite clear.
Article 141
Paragraph (1)
Quite clear.
Paragraph (2) . . .

Page 106

- 28 Paragraph (2)
What is meant by “balanced nutrition” in this provision is
nutritional intake according to one's needs to prevent risk
over nutrition and under nutrition.
Paragraph (3)
Quite clear.
Paragraph (4)
Quite clear.
Paragraph (5)
Quite clear.
Article 142
Quite clear.
Article 143
Quite clear.
Article 144
Quite clear.
Article 145
Quite clear.
Article 146
Quite clear.
Article 147
Quite clear.
Article 148
Quite clear.
Article 149
Quite clear.
Article 150
Quite clear.
Article 151
Quite clear.

Article 152 . . .

Page 107

- 29 Article 152
Quite clear.
Article 153
Quite clear.
Article 154
Quite clear.
Article 155
Quite clear.
Article 156
Quite clear.
Article 157
Paragraph (1)
Clean and healthy living behavior for people with infectious diseases
done by not taking actions that can
facilitate the transmission of disease to others.
Paragraph (2)
Quite clear.
Paragraph (3)
Quite clear.
Article 158
Quite clear.
Article 159
Quite clear.
Article 160
Quite clear.
Article 161
Quite clear.

Article 162 . . .

Page 108

- 30 Article 162
Quite clear.
Article 163
Quite clear.
Article 164
Quite clear.
Article 165
Quite clear.
Article 166
Quite clear.
Article 167
Quite clear.
Article 168
Quite clear.
Article 169
Quite clear.
Article 170
Quite clear.
Article 171
Paragraph (1)
Quite clear.
Paragraph (2)
For areas that have determined more than 10% (ten
percent) so as not to reduce the amount of the allocation and for the regions
who do not yet have the ability to carry out
gradually.
Paragraph (3) . . .

Page 109

- 31 Paragraph (3)
What is meant by "public service interests" in
This provision is good health services
preventive services, promotive services, curative services, and
rehabilitation needed by the community in improving
degree of health. These costs are carried out efficiently and
effectively by prioritizing preventive services and services
promotive and the amount is at least 2/3 (two thirds) of the
APBN and APBD.
Article 172
Quite clear.
Article 173
Quite clear.
Article 174
Quite clear.
Article 175
Quite clear.
Article 176
Quite clear.
Article 177
Quite clear.
Article 178
Quite clear.
Article 179
Quite clear.
Article 180
Quite clear.

Article 181 . . .

Page 110

- 32 Article 181
Quite clear.
Article 182
Quite clear.
Article 183
Quite clear.
Article 184
Quite clear.
Article 185
Quite clear.
Article 186
Quite clear.
Article 187
Quite clear.
Article 188
Quite clear.
Article 189
Quite clear.
Article 190
Quite clear.
Article 191
Quite clear.
Article 192
Quite clear.
Article 193
Quite clear.
Article 194 . . .

Page 111

- 33 Article 194
Quite clear.
Article 195
Quite clear.
Article 196
Quite clear.
Article 197
Quite clear.
Article 198
Quite clear.
Article 199
Quite clear.
Article 200
Quite clear.
Article 201
Quite clear.
Article 202
Quite clear.
Article 203
Quite clear.
Article 204
Quite clear.
Article 205
Quite clear.
SUPPLEMENT TO STATE GAZETTE OF THE REPUBLIC OF INDONESIA NUMBER 5063 5063

