law of republic of indonesia

8/3/2019 Law of Republic of Indonesia

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LAW OF REPUBLIC OF INDONESIA

NUMBER 36, 2009

ABOUT HEALTH

CHAPTER 1

GENERAL PROVISIONS

Article 1.

In this Act referred to as:

1. Health is a state of healthy, both physically, mentally, spiritually and socially to enablemore people to live socially and economically productive.

2. Resources in health are all forms of funds, personnel, medical supplies, pharmaceuticals and medical devices and health care facilities and technologies are

utilized to organize health efforts undertaken by the Government, local governments,and / or community.

3. Medical supplies are all materials and equipment necessary to conduct health efforts.4. Pharmaceutical is a drug, medicinal materials, traditional medicines, and cosmetics.5. Medical devices are instruments, apparatus, machinery and / or implants containing no

drug that is used to prevent, diagnose, cure and alleviate illness, caring for the sick,

restoring health in humans, and / or establish structures and improve body functions.

6. Health workers are all people who devote themselves in the health field and haveknowledge and / or skills through education in health fields for specific types require

the authority to make health efforts.

7. Health care facility is a tool and / or place used for organizing the efforts of healthservices, either promotive, preventive, curative and rehabilitative efforts undertaken by

the Government, local governments, and / or community.

8. Drugs are substances or alloy materials, including biological products that are used toinfluence or investigate physiological systems or pathological state in the framework of

establishing the diagnosis, prevention, healing, recovery, improved health and

contraception, for men.

9. Traditional medicine is the ingredient or ingredients in the form of plant material,animal material, mineral materials, preparation Sarian (galenic), or mixtures of these

materials which were hereditary been used for treatment, and can be applied in

accordance with prevailing norms in society.

10.Health technologies are any tools and / or method that is intended to help establish thediagnosis, prevention, and treatment of human health problems.

11.Health efforts is any activity and / or series of activities carried out in an integrated,integrated and sustainable manner to maintain and improve the health of the


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community in the form of disease prevention, health promotion, disease treatment and

health recovery by the government and / or community.

12.Promotive health services is an activity and / or a series of health service activities thatare more priority to health promotion activities.

13.Preventive health care is a preventive activity against a health problem / illness.14.Curative health services is an activity and / or series of treatments aimed at healing

diseases, reduction of suffering caused by illness, disease control, or control people

with disabilities to quality can be maintained optimally.

15.Rehabilitative health services are activities and / or series of activities to restore theformer patients into the community so it can function again as a useful member of

society for themselves and the community as much as possible according to his ability.

16.Traditional health care is the treatment and / or treatment and medication in a way thatrefers to the experience and skills from generation to generation that can be justified

empirically and applied in accordance with prevailing norms in society.

17.Central Government, hereinafter called the Government is the President of theRepublic of Indonesia who holds the power of the Government of the Republic of

Indonesia as defined in the Constitution of the Republic of Indonesia Year 1945.

18.The local government is the governor, regent, or mayor and the local officials as anelement of the regional administration.

19.Minister is the minister whose scope of duties and responsibilities in health.CHAPTER II

PRINCIPLES AND OBJECTIVES

Article 2The development of health held by based on humanity, balance, benefits, protection,

respect for the rights and obligations, justice, gender and non-discriminative and religious

norms.

Article 3

Health development aims to increase awareness, willingness, and ability to live a healthy

life for everyone to manifest the degree of public health as high, as an investment for the

development humans resources who are socially and economically productive.


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CHAPTER III

RIGHTS AND OBLIGATIONS

Part One

Right

Article 4

Every person has the right to health.

Article 5

(1)Every person has equal rights in obtaining access to resources in the health sector.(2)Every person has the right to obtain medical care in a safe, quality, and affordable.(3)Every person has the right independently and are responsible for determining their own

health services needed for him.

Article 6

Everyone is entitled to a healthy environment for the attainment of health status.

Article 7

Every person is entitled to obtain health information and education about a balanced and

responsible.

Article 8

Every person is entitled to obtain information about their own health data, including

measures and treatments that have been or will be received from health professionals.

part Two

obligation

Article 9

(1)Every person is obliged to come to realize, maintain, and improve community healthstatus is the highest.

(2)The obligation referred to in paragraph (1), their implementation efforts includeindividual health, public health efforts, and health-oriented development.

Article 10

Every person is obliged to respect the rights of others in an effort to obtain a healthy

environment, whether physical, biological, and social.


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Article 11

Every person is obliged to behave in a healthy life to achieve, maintain, and promote the

highest possible health.

Article 12

Every person is obliged to maintain and improve the health of others who are responsible.

Article 13

(1)Every person is obliged to take part in the social health insurance program.(2)social health insurance programs referred to in paragraph (1) shall be in accordance

with the provisions of the legislation.

CHAPTER IV

GOVERNMENT RESPONSIBILITIES

Article 14

(1) Government is responsible to plan, organize, organize, develop, and oversee theimplementation of health measures are equitable and affordable by the community.

(2) The responsibility of the Government referred to in paragraph (1) devoted to publicservice.

Article 15

The government is responsible for the availability of the environment, order, health

facilities both physically and socially for the community to achieve the degree of

maximum health.

Article 16

Government responsible for the availability of resources in the health fair and equitable for

all citizens to obtain health status of the highest.

Article 17

Government responsible for the availability of access to information, education, and health

care facilities to improve and maintain the health of the highest possible.

Article 18

Government is responsible for empowering and encouraging an active role in all forms of

public health efforts.


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Article 19

The government is responsible for the availability of all forms of quality health efforts,

safe, efficient, and affordable.

Article 20

(1)Government is responsible for the implementation of public health insurance throughthe national social security system for individual health efforts.

(2)The social security system as referred to in paragraph (1) conducted in accordance withstatutory regulations.

CHAPTER V

RESOURCES IN THE FIELD OF HEALTH

Part One

Health Workers

Article 21

(1)The Government shall regulate the planning, procurement, utilization, development,and quality control of health personnel in furtherance of the health service.

(2)Provisions concerning the planning, procurement, utilization, development, and qualitycontrol of health personnel as referred to in paragraph (1) Government Regulation.

(3)Provisions concerning health professionals is regulated by the Act.Article 22

(1)The health worker should have the minimum qualifications.(2)The provisions concerning the minimum qualifications as referred to in paragraph (1)

regulated by Regulation of the Minister.

Article 23

(1)The health worker is authorized to conduct health services.(2)The authority to conduct health services referred to in paragraph (1) conducted in

accordance with the field of expertise.

(3)In carrying out health services, health personnel should have a license from thegovernment.

(4)For providing health services as referred to in paragraph (1) must put the interests ofthe valuable material.

(5)Provisions on the licensing referred to in paragraph (3) Regulation of the Minister.


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Article 24

(1) The health worker referred to in Article 23 shall comply with the code of ethics,professional standards, rights of health service users, service standards, and standard

operating procedures.

(2) The provisions of the code of ethics and professional standards as referred to inparagraph (1) regulated by professional organizations.

(3) Provisions concerning the rights of health service users, service standards, and standardoperating procedures referred to in paragraph (1) regulated by Regulation of the

Minister.

Article 25

(1) Procurement and upgrading of health personnel held by the Government, localgovernments, and / or community through education and / or training.

(2) The educational and / or training as referred to in paragraph (1) the responsibility of theGovernment and local governments.

(3) Provisions concerning the provision of education and / or training as referred to inparagraph (2) stipulated in Government Regulation.

Article 26

(1) The Government shall regulate the placement of health workers to equitable healthservices.

(2) The local government may establish and utilize health personnel in accordance withlocal needs.

(3) Procurement and utilization of health personnel as referred to in paragraph (2)conducted with due regard to:a. types of health services needed by society;b. number of health service facilities, andc. number of health personnel according to the workload of existing health services.

(4) The placement of health personnel as referred to in paragraph (1) conducted with dueregard to the rights of health workers and the public's right to obtain equitable health

services.

(5) Further provisions regarding the placement of health workers stipulated in GovernmentRegulation.

Article 27

(1)The health worker entitled to benefits and legal protection in carrying out duties inaccordance with the profession.

(2)The health worker in carrying out their duties are obliged to develop and enhance theknowledge and skills possessed.


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(3)Provisions concerning the rights and obligations of health professionals referred to inparagraph (1) and paragraph (2) stipulated in Government Regulation.

Article 28

(1)For the purposes of law, health workers require a medical examination at the request oflaw enforcement with the cost borne by the state.

(2)The examination referred to in paragraph (1) based on the competence and authority inaccordance with scientific fields owned.

Article 29

In terms of health personnel suspected of committing negligence in carrying out his

profession, such negligence must be resolved first through mediation.

Part Two

Health Care Facilities

Article 30

(1)health care facilities, by type of service consists of:a. individual health services, andb. community health services.

(2)Health service facilities referred to in paragraph (1) include:a. first-level health services;b. second level health services; andc. The third level health services.

(3)Health service facilities referred to in paragraph (1) implemented by the Government,local governments, and private.

(4)The provision of health care facility requirements as referred to in paragraph (2) andparagraph (3) defined by appropriate government regulations.

(5)health care facility licensing provisions as referred to in paragraph (2) and paragraph(3) set by the Government and local governments.

Article 31

Health care facilities shall:

a. provide wide access for research and development needs in health; andb. submit reports on the results of research and development to the local government

or the Minister.

Article 32

(1) In an emergency, health care facilities, both public and private, must provide life-saving health services to patients and prevention of disability in advance.


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(2) In an emergency, health care facilities, both public and private patients are prohibitedfrom refusing and / or require advance payment.

Article 33

(1) Each of the leadership organization of public health care facilities must have thecompetencies required of public health management.

(2) Competence of public health management as referred to in paragraph (1) shall befurther regulated by Regulation of the Minister.

Article 34

(1) Each of the leadership organization of private health care facilities must have apersonal health management competencies required.

(2) The organizer of health care facilities are prohibited from hiring health workers who donot have permission to do the job qualifications and professions.

(3)

The provisions referred to in paragraph (1) and paragraph (2) is implemented inaccordance with the provisions of the legislation.

Article 35

(1)The local government may determine the number and type of health care facilities aswell as granting permission to operate in their area.

(2)Determination of the number and type of health care facilities as referred to inparagraph (1) carried out by local governments to consider:

a. area;b. health needs;c. number and dispersion of the population;d. disease patterns;e. utilization;f. social functioning, andg. ability to utilize technology.

(3)Provisions concerning the number and type of health care facilities as well as grantingpermission to operate as intended in paragraph (1) applies also to foreign health care

facilities.

(4)The provisions concerning the amount and type of health care facilities as referred to in paragraph (2) does not apply to specific types of hospital quarantine, research and

asylum.

(5)Further provisions on the organization of health care facilities as referred to inparagraph (1) and paragraph (2) is regulated by the Government.


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Part Three

Health Supplies

Article 36

(1)The Government ensures the availability, equity, and affordability of health supplies,especially essential medicines.

(2)In order to guarantee the availability of emergency drugs, the Government can do aspecific policy for the procurement and utilization of medicines and medicinal

materials.

Article 37

(1)Management of medical supplies is done so that people's basic needs will be met healthsupplies.

(2)Management of medical supplies in the form of essential drugs and medical devicesimplemented with due regard for certain basic benefits, price, and factors related toequity.

Article 38

(1) Government shall encourage and guide the development of medical supplies byutilizing the available national potential.

(2) The development referred to in paragraph (1) is directed primarily to new drugs andvaccines as well as natural medicinal materials.

(3) Development of medical supplies carried out with due regard to environmentalsustainability, including natural resources and socio-cultural.

Article 39

Provisions concerning medical supplies established by the Ministerial Regulation.

Article 40

(1)Government and compiling a list of drugs that are essential should be available to thepublic interest.

(2)List and the types of drugs referred to in paragraph (1) reviewed and refined at thelatest every 2 (two) years in accordance with the needs and technological

developments.

(3)Government to ensure that drug as referred to in paragraph (1) uniformly available andaffordable by the community.

(4)In an emergency, the Government can do a specific policy for the procurement andutilization of health supplies.


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(5)Provisions on the state of emergency as referred to in paragraph (4) is done by holdingthe exception of the provisions of the patent in accordance with laws and regulations

governing the patent.

(6)Supplies of health generic drugs are included in national essential drug list should beguaranteed the availability and affordability, so that its pricing is controlled by the

Government.

(7)Further provisions on medical supplies as referred to in paragraph (6) is regulated bythe Minister.

Article 41

(1)The local government authorities to plan the needs of medical supplies in accordancewith local needs.

(2)The authority to plan the needs of medical supplies as referred to in paragraph (1) stillconsider the setting and coaching service standards that apply nationally.

Part Four

Technology and Product Technology

Article 42

(1)Technology and health care technology products held, examined, released, developed,and utilized for public health.

(2)health technology as referred to in paragraph (1) includes all the methods and toolsused to prevent disease, detect disease, alleviate suffering caused by disease, healing,

minimize complications, and restoring health after illness.

(3)Provisions on the technology and healthcare technology products referred to inparagraph (1) must meet the standards set out in legislation.

Article 43

(1) Government agencies establish a duty and authority to screening, regulation,utilization, and oversight of the use of technology and technology products.

(2) The establishment of institutions referred to in paragraph (1) regulated by GovernmentRegulation.

Article 44

(1)In developing the technologies referred to in Article 42 may be testing the technologyor technological product to humans or animals.

(2)The test referred to in paragraph (1) carried out on bail not be detrimental to humantrials.

(3)The test referred to in paragraph (2) performed by an authorized person and with theconsent of the person who made a test run.


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(4)Research on animals should be guaranteed to protect the sustainability of these animalsand to prevent adverse indirect impacts to human health.

(5)Further provisions concerning the implementation of testing on humans as referred toin paragraph (1) regulated by Government Regulation.

Article 45

(1)Any person prohibited from developing the technology and / or technology productsthat can affect and bring a bad risk to public health.

(2)Further provisions on technological development as referred to in paragraph (1)regulated by Government Regulation.

CHAPTER VI

HEALTH EFFORT

Part OneGeneral

Article 46

To realize the degree of the highest possible health for communities, organized health

efforts are integrated and comprehensive health efforts in the form of individual and

community health efforts.

Article 47

Health efforts in the form of activity organized by the approach promotive, preventive,

curative, and rehabilitative implemented in an integrated, comprehensive, and sustainable.

Article 48

(1)The health measures referred to in Article 47 be implemented through the followingactivities:

a. health services;b. traditional health care;c. health promotion and disease prevention;d. healing of diseases and health recovery;e. reproductive health;f. family planning;g. school health;h. sports health;i. health services in disasters;j. blood services;k. oral health;


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l. prevention of visual impairment and hearing loss;m. health dimension;n. safeguarding and use of pharmaceuticals and medical devices;o. securing food and beverages;p. security of addictive substances and / orq. post-mortem examination.

(2)The health effort referred to in paragraph (1) supported by the health resources.Article 49

(1) Government, local governments and communities responsible for delivering healthefforts.

(2) The health efforts should pay attention to social functions, values and norms ofreligious, social, cultural, moral, and professional ethics.

Article 50(1)Government and local governments responsible for improving and developing health

efforts.

(2)health care efforts referred to in paragraph (1) at least meet the basic health needs ofthe community.

(3) Improvement and development of health measures referred to in paragraph (1) is basedon the assessment and research.

(4)Provisions on the improvement and development as referred to in paragraph (1) iscarried out through cooperation between the Government and cross-sector.

Article 51(1)health efforts organized to realize health status of the highest for individuals or the

public.

(2)health care efforts referred to in paragraph (1) based on a minimum service standard ofhealth.

(3)Further provisions on service standards minimal health care referred to in paragraph (2)regulated by Government Regulation.


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Part Two

Health Services

Paragraph One

Service Delivery

Article 52

(1)Health services consist of:a. individual health services, andb. community health services.

(2)health service referred to in paragraph (1) covers the activities approach to promotive,preventive, curative, and rehabilitative.

Article 53

(1)individual health services intended to cure disease and restore the health of individualsand families.

(2) public health services aimed at maintaining and improving health and preventingdisease and a group of people.

(3)The health care referred to in paragraph (1) should help prioritize the safety of lives ofpatients compared to other interests.

Article 54

(1)The health service conducted in a responsible, safe, quality, and equitable and non-discriminative.

(2)Government and local governments responsible for delivering health services referredto in paragraph (1).

(3)Supervision of the implementation of health services as referred to in paragraph (1)conducted by the Government, local government, and society.

Article 55

(1)The Government shall establish standards of quality of health services.(2)The quality standards of health services as referred to in paragraph (1) regulated by

Government Regulation.

Second paragraph

Patient Protection

Article 56

(1)Every person has the right to accept or reject part or all of the actions that will helpgiven to him after receiving and understanding information about the action in full.


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(2)The right to accept or reject as referred to in paragraph (1) does not apply to:a. disease patients whose disease can quickly spread into the wider society;b. circumstances a person who is unconscious; orc. severe mental illness.

(3)Provisions concerning the right to accept or reject as referred to in paragraph (1) shallbe in accordance with the provisions of the legislation.

Article 57

(1) Every person is entitled to confidential personal health condition that has beenpresented to health care providers.

(2) The provisions concerning the right to confidential personal health conditions asreferred to in paragraph (1) does not apply in the case:

a. command of the law;b. court order;c.

permit in question;

d. public interest; ore. interests of the person.

Article 58

(1)Every person entitled to claim damages against the person, health, and / or the providerto incur losses due to errors or omissions in the health services it receives.

(2)Claims for compensation referred to in paragraph (1) does not apply to health workerswho perform lifesaving acts or prevention of disability a person in an emergency.

(3)Provisions concerning the procedures for filing claims as referred to in paragraph (1)shall be in accordance with the provisions of legislation.

Part Three

Traditional Health Services

Article 59

(1)Based on how his treatment, traditional health care is divided into:a. traditional health services that use skills, andb. traditional health care using herbs.

(2)traditional health services referred to in paragraph (1) guided and supervised by theGovernment accountable for its safety and benefits and does not conflict with religious

norms.

(3)Further provisions on the procedure and the genius of traditional health servicesreferred to in paragraph (1) regulated by Government Regulation.


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Article 60

(1)Any person who perform traditional health care that uses tools and technologies mustobtain permission from the competent health agency.

(2)The use of tools and technologies referred to in paragraph (1) must be accounted forefficacy and safety and does not conflict with religious and cultural norms of society.

Article 61

(1)People were given the widest possible opportunity to develop, enhance and use oftraditional health care that can be accounted for efficacy and safety.

(2)The Government shall regulate and oversee health services traditionally referred to inparagraph (1) to be based on security, interests, and the protection of society.

Part Four

Health Promotion and Disease Prevention

Article 62

(1) Improved health care is any form of attempts made by the Government, localgovernments, and / or communities to optimize health through outreach activities,

dissemination of information, or other activities to support the achievement of healthy

living.

(2) Prevention of disease is any attempt made by the Government, local governments, and/ or communities to avoid or reduce risks, problems, and adverse effects from the

disease.

(3) The Government and local governments and provide facilities to guarantee thecontinuity of efforts to improve health and disease prevention.

(4) Further provisions concerning the improvement of health and disease prevention isregulated by the Minister.

Section Five

Healing Health Illness and Recovery

Article 63

(1)Healing illness and recovery of health status was held to restore health, restorebodily function due to illness and / or due to disability, or eliminate defects.

(2)Healing illness and health recovery performed with control, treatment, and / ortreatment.

(3)Control, treatment, and / or maintenance can be performed based on medicalscience and nursing science or other means that can be accounted for expediency

and safety.


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(4)The treatment and / or treatment based on medical science or the science ofnursing can only be done by health personnel who have the expertise and

authority to do so.

(5)The Government and local governments to guide and supervise theimplementation of the treatment and / or care or by other means that can be

accounted for.

Article 64

(1)Healing illness and health recovery can be done through organ transplants and / ortissue, implantable drug and / or medical devices, plastic and reconstructive surgery, as

well as the use of stem cells.

(2)Transplantation of organs and / or tissue as referred to in paragraph (1) is done only forhumanitarian purposes and should not be commercialized.

(3)Organ and / or tissue under the pretext of any commercial use is prohibited.Article 65

(1)Transplantation of organs and / or tissue can only be done by health personnel whohave the expertise and authority to do so and be done at certain health care facilities.

(2) removal of organs and / or tissue from a donor must consider the health of the donor inquestion and approved by donors and / or his heirs or his family.

(3)Provisions concerning the terms and procedures of organ transplants and / or tissue asreferred to in paragraph (1) and paragraph (2) stipulated by Government Regulation.

Article 66

Cell transplantation, whether from humans or from animals, can only be done if it has beenproven safety and usefulness.

Article 67

(1) retrieval and delivery of specimens or parts of organs can only be done by healthpersonnel who have the expertise and authority as well as performed in certain health

care facilities.

(2) Provisions concerning the terms and procedure for collection and shipment ofspecimens or parts of organs referred to in paragraph (1) is implemented in accordance

with the provisions of legislation.

Article 68

(1)Installation of an implant drug and / or medical devices into the human body can onlybe done by health personnel who have the expertise and authority as well as performed

at certain health care facilities.


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(2)Provisions concerning the terms and procedures of drug implant and / or medicaldevices referred to in paragraph (1) stipulated by Government Regulation.

Article 69

(1)plastic and reconstructive surgery can only be done by health personnel who have theexpertise and authority to do so.

(2) plastic and reconstructive surgery must not conflict with the prevailing norms insociety and are not intended to change the identity.

(3)Provisions concerning the terms and procedures of plastic surgery and reconstructionas referred to in paragraph (1) and paragraph (2) stipulated by Government Regulation.

Article 70

(1)The use of stem cells can only be made for the purpose of curing diseases and healthrecovery, and is used for reproductive purposes is prohibited.

(2)Stem cells as referred to in paragraph (1) must not be derived from embryonic stemcells.

(3)Further provisions on the use of stem cells referred to in paragraph (1) and paragraph(2) regulated by Regulation of the Minister.

Section Six

Reproductive Health

Article 71

(1)Reproductive health is a state of physical health, mental, and social as a whole, notmerely the absence of illness or disability associated with the system, function, andreproductive processes in male and female.

(2)Reproductive Health as referred to in paragraph (1) include:a. time before pregnancy, pregnancy, childbirth, and after childbirth;b. birth control, contraceptives tool, and sexual health; andc. reproductive system health.

(3)Reproductive Health as referred to in paragraph (2) implemented through the activitiesof promotive, preventive, curative, and rehabilitative.

Article 72

Every person is entitled to:

a. reproductive life and sexual life of a healthy, safe, and free from coercion and / orviolence with a legitimate partner.

b. determine their reproductive life and freedom from discrimination, coercion, and / orviolence that honor the noble values that are not degrading to human dignity in

accordance with religious norms.


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c. decide when and how often to reproduce medically fit and does not conflict withreligious norms.

d. obtain information, education, and counseling on reproductive health are true andreliable.

Article 73

The government must ensure the availability of information and means of reproductive

health services safe, quality, and affordable community, including family planning.

Article 74

(1) Any reproductive health services that are promotive, preventive, curative, and / orrehabilitation, including the reproduction with the help done safely and healthy by

taking into account the unique aspects, especially female reproduction.

(2) The implementation of reproductive health services as referred to in paragraph (1) donot contradict with religious values and the provisions of the legislation.

(3) Provisions concerning reproduction with the aid referred to in paragraph (1), regulatedby Government Regulation.

Article 75

(1)Any person prohibited from having an abortion.(2)The prohibition referred to in paragraph (1) can be excluded based on:

a. emergency medical indications were detected at an early age pregnancies, both ofwhich threaten the life of the mother and / or the fetus, which suffered from severe

genetic diseases and / or congenital defects, or which can not be repaired, making it

hard baby live outside the womb; orb. pregnancy due to rape that can cause psychological trauma to victims of rape.

(3)Measures referred to in paragraph (2) can only be done after going through counselingand / or counseling pre-action and ends with post-counseling measures taken by

competent and authorized counselors.

(4)Further provisions regarding the indication of a medical emergency and rape, asreferred to in paragraph (2) and paragraph (3) regulated by Government Regulation.

Article 76

Abortion as referred to in Article 75 can only be done:

a. before pregnancy were 6 (six) weeks counted from the first day of last period,except in the case of medical emergencies;

b. by health personnel who have skills and who have a certificate authority specifiedby the minister;

c. with the consent of pregnant women are concerned;d. with their husbands' approval, unless the victim of rape; and


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e. health care providers who meet the specified requirements by the Minister.Article 77

Government must protect and prevent women from abortion as referred to in Article 75

paragraph (2) and paragraph (3) are not qualified, unsafe, and irresponsible and contrary to

religious norms and provisions of the legislation.

Part Seven

Family Planning

Article 78

(1) Health services in family planning is intended for the birth control for couples ofchildbearing age to form the next generation of healthy and smart.

(2) Government is responsible and ensure the availability of personnel, facilities,equipment and medicine in providing a safe family planning services, quality, andaffordable by the community.

(3) Provisions concerning family planning services carried out in accordance withregulatory legislation.

Part Eight

School Health

Article 79

(1)School of Health held to increase healthy life skills of learners in a healthyenvironment so that learners can learn, grow, and grow in harmony and be ofmaximum quality human resources.

(2)School of Health referred to in paragraph (1) is provided through formal and informalschool or through other educational institutions.

(3)Provisions concerning school health as referred to in paragraph (1) and paragraph (2)stipulated by Government Regulation.

Section Nine

Sports Health

Article 80

(1)sports health efforts aimed at improving community health and physical fitness.(2)Improvement of health and physical fitness of the public referred to in paragraph (1) is

the basic effort in improving learning achievement, employment, and sports.

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


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Article 81

(1)Efforts to exercise more priority health preventive and promotive approach, withoutignoring curative and rehabilitative approaches.

(2)The exercise health effort organized by the Government, local government, andsociety.

Part Ten

Health Services In Disaster

Article 82

(1) Government, local government, and society responsible for the availability ofresources, facilities, and implementation of health services in a comprehensive and

sustainable in the disaster.

(2)

health service referred to in paragraph (1) include health services in emergency anddisaster response.

(3) health service referred to in paragraph (2) includes emergency service that aims tosave lives and prevent further disability.

(4) government guarantee of health care financing as referred to in paragraph (1).(5) The financing referred to in paragraph (4) sourced from the State budget revenue and

expenditure (budget), budget revenues and expenditures (budget), or help people in

accordance with statutory regulations.

Article 83

(1)Any person who provides health services in disasters should be directed to saving lives,preventing further disabilities, and the best interests of patients.

(2)The Government guarantees legal protection for every person referred to in paragraph(1) in accordance with capabilities.

Article 84

Further provisions on the administration of health services in disasters is regulated by the

Minister.

Article 85

(1)In an emergency, health care facilities, both government and private sector are requiredto provide health services to disaster for saving the lives of patients and prevention of

disability.

(2)health care facilities in providing health services in disasters as referred to in paragraph(1) forbidden to refuse patients and / or request a deposit in advance.


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Eleventh Part

Blood Services

Article 86

(1)Ministry of blood is an effort of health care that utilizes human blood as a base materialwith humanitarian purposes and not for commercial purposes.

(2)Blood as referred to in paragraph (1) obtained from healthy voluntary blood donors anddonor selection criteria to prioritize health donors.

(3)blood obtained from voluntary blood donors referred to in paragraph (2) before beingused for blood services laboratory tests should be done to prevent the transmission of

the disease.

Article 87

(1) The implementation of donor blood and blood processing performed by the BloodTransfusion Unit.

(2) Blood Transfusion Unit referred to in paragraph (1) can be held by the Government,local governments, and / or social organization duties and functions in the field of

kepalangmerahan.

Article 88

(1)blood transfusion services include planning, mobilization of blood donors, supplying,distributing blood and blood giving medical treatment to patients for the purpose of

curing diseases and health recovery.

(2)The blood transfusion service is done by maintaining the safety and health of bloodrecipients and health workers from disease transmission through blood transfusion.

Article 89

Minister to set standards and requirements of blood management for blood transfusion

service.

Article 90

(1)Government is responsible for the implementation of safe blood, easily accessible, andin accordance with community needs.

(2)Government financing guarantees in the administration of blood services.(3)Blood banned from sale by any pretext.Article 91

(1)The components of blood can be used for the purpose of curing diseases and healthrecovery by processing and production.


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

Article 92

Further provisions concerning the blood service is regulated by the Government.

Part of the Twelfth

Dental and Oral Health

Article 93

(1)Ministry of oral health carried out to maintain and improve the health of thecommunity in the form of dental health promotion, prevention of dental disease,

treatment of dental disease, and dental health recovery by the Government, local

governments, and / or conducted in an integrated society, integrated and continuous.

(2)oral health as referred to in paragraph (1) is carried out through private dental care,dental public health services, school dental health efforts.

Article 94

Government and local governments shall ensure the availability of personnel, facilities,

equipment and medicine oral health in order to provide oral health services safe, quality,

and affordable by the community.

Part the Thirteenth

Counter Vision Impaired

and Hearing Loss

Article 95

(1)Prevention of visual impairment and hearing loss are all service activities performedinclude promotive, preventive, curative, and rehabilitative aimed to improve the health

of the senses of sight, and hearing communities.

(2)The activities referred to in paragraph (1) be a joint responsibility of governments,local governments, and society.

Article 96

Further provisions on the prevention of visual impairment and hearing regulated by

Regulation of the Minister.

Fourteenth Part

Matra Health


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Article 97

(1)Health dimensions as a special form of organized health efforts to realize the healthstatus of the highest in the environmental dimension as well-paced changes in the

terrestrial environment, marine, and air.

(2)Health dimension covers the field of health, health, marine and underwater, aerospaceand healthcare.

(3)The dimensions of health should be conducted in accordance with the standards andrequirements.

(4)Provisions on the health dimension as set forth in this Article shall be regulated byMinisterial Regulation.

Section Five Twelve

Security and Use

Pharmaceutical and Medical Devices

Article 98

(1) The preparation of pharmaceutical and medical devices must be safe, efficacious /benefit, quality, and affordable.

(2) Any person who does not have the expertise and authority of the prohibited conduct,store, process, promote, and distribute medicines and medicinal materials.

(3) Provisions concerning the procurement, storage, processing, promotion, distribution of pharmaceutical and medical devices must meet the quality standards of pharmacy

services determined by government regulation.

(4) The Government is obliged to foster, manage, control, and supervise the procurement,storage, promotion, and distribution as referred to in paragraph (3).

Article 99

(1)source of pharmaceuticals derived from the universe and has been proven efficaciousand safe for use in the prevention, treatment, and / or treatment, and health care should

still be preserved.

(2)People were given the widest possible opportunity to cultivate, produce, distribute,develop, enhance, and use of pharmaceutical preparations which can be accounted for

efficacy and safety.

(3)The Government ensures the development and maintenance of pharmaceuticalpreparations.

Article 100

(1)The source of traditional medicines that have been proven efficacious and safe for usein the prevention, treatment, care, and / or health care remains preserved.


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(2)The Government ensures the development and maintenance of the raw materials oftraditional medicine.

Article 101

(1)People were given the widest possible opportunity to cultivate, produce, distribute,develop, enhance, and use of traditional medicine that can be accounted for efficacy

and safety.

(2)Provisions regarding the processing, manufacture, distribute, develop, enhance, and useof traditional medicines is regulated by the Government.

Article 102

(1) The use of pharmaceutical preparations in the form of narcotics and psychotropicsubstances can only be done by a doctor or dentist's prescription and should not be

misused.

(2)The provisions concerning narcotics and psychotropic substances carried out inaccordance with the provisions of the legislation.

Article 103

(1) Any person who produces, store, distribute, and use of narcotics and psychotropicsubstances shall meet the standards and / or specific requirements.

(2) The provisions concerning the production, storage, distribution, and use of narcoticsand psychotropic substances as referred to in paragraph (1) is implemented in

accordance with the provisions of legislation.

Article 104(1)Security pharmaceuticals and medical devices held to protect the public from harm

caused by the use of pharmaceuticals and medical devices that do not meet quality

requirements and / or security and / or efficacy / usefulness.

(2)The use of drugs and traditional medicine should be done rationally.Article 105

(1)pharmaceutical preparations in the form of medicines and pharmaceutical raw materialsmust meet pharmacopoeia Indonesia or other standard books.

(2) pharmaceutical preparations in the form of traditional medicines and cosmetics andmedical devices must meet the standards and / or requirements specified.

Article 106

(1)The preparation of pharmaceutical and medical devices can be circulated only afterobtaining authorization.


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(2)Marking and pharmaceutical information and medical devices must meet therequirements of objectivity and completeness, and not misleading.

(3)Government is authorized to revoke the authorization and ordered the withdrawal fromcirculation of pharmaceutical and medical devices that have obtained marketing

authorization, which later proved not meet quality requirements and / or security and /

or benefits, may be confiscated and destroyed in accordance with the provisions of

laws and invitation.

Article 107

Further provisions concerning the safeguarding of pharmaceuticals and medical devices

implemented in accordance with the provisions of the legislation.

Article 108

(1)Practice kefarmasiaan which includes the manufacture of pharmaceutical preparationsincluding quality control, security, procurement, storage and distribution of drugs, for prescription drug services, drug information services as well as drug development,

medicinal materials and traditional medicine should be performed by qualified health

personnel and authority under the provisions of the legislation.

(2)Provisions concerning the implementation of pharmacy practice as referred to inparagraph (1) stipulated by Government Regulation.

Section Six Twelve

Securing Food and Beverage

Article 109Each person and / or legal entities that produce, process and distribute foods and beverages

that are treated as food and beverages, the result of genetic engineering technology that

was circulated shall ensure that its safe for humans, animals are eaten by humans, and

environment.

Article 110

Each person and / or legal entity that produces and promotes food and beverage products

and / or who are treated as processed foods and beverages are prohibited from using the

technology that words to deceive and / or are accompanied by a claim that can not be

substantiated.

Section 111

(1)Food and beverages are used for the society should be based on standards and / orhealth requirements.


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(2)Food and beverages can be circulated only after obtaining a marketing authorization inaccordance with the provisions of the legislation.

(3)Any packaged food and beverages must be given a mark or label containing:a. Product name;b. List of materials used;c. Net weight or net contents;d. Name and address of party which manufactures or enter the food and drinks into

the territory of Indonesia; and

e. Date, month and year of expiry.(4)Provision of signs or labels referred to in paragraph (1) must be done correctly and

accurately.

(5)Further provisions regarding the procedures of the label referred to in paragraph (3)conducted in accordance with the provisions of legislation.

(6)Food and beverages that do not meet the standards, health requirements, and / orharmful to health as referred to in paragraph (1) forbidden to be circulated, withdrawnfrom circulation, marketing authorization is revoked and confiscated to be destroyed in

accordance with the provisions of the legislation.

Article 112

Governments and responsible authorities regulate and supervise the production,

processing, distributing food, beverages ndan referred to in Article 109, Article 110 and

Article 111.

Part Seven Twelve

Security addictive substances

Article 113

(1)Securing the use of materials containing addictive substances are directed so as not todisturb and endanger the health of individuals, families, communities, and

environment.

(2)addictive substances as referred to in paragraph (1) include tobacco, tobacco-containing products, solids, liquids, and gases that are addictive that its use can cause

harm to themselves and / or surrounding community.

(3)Production, distribution, and use of materials containing addictive substances mustmeet the standards and / or requirements set.

Article 114

Any person who manufactures or put cigarettes into Indonesia territory must include health

warnings.


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Article 115

(1)Regions with no cigarettes, among others:a. health care facilities;b. where the learning process;c. where children play;d. places of worship;e. public transport;f. workplace; andg. public places and elsewhere set forth.

(2)The local government shall establish no smoking areas in its territory.Article 116

Further provisions concerning the safeguarding of materials that contain addictive

substances stipulated by Government Regulation.

Part Eight Twelve

Autopsy

Article 117

A person declared dead when jantungsirkulasi system function and respiratory system

proven to have ceased permanently, or if brain stem death has been proven.

Article 118

(1)The body of an unknown identification efforts should be made.(2)Government, local government, and community responsibility for the attempted

identification referred to in paragraph (1).

(3)Further provisions on the means of identifying the bodies referred to in paragraph (1)regulated by Regulation of the Minister.

Article 119

(1)For the purposes of research and development of health services can be performedpost-mortem clinical at the hospital.

(2)A post-mortem clinical as referred to in paragraph (1) intended for the diagnosis and /or conclude the cause of death.

(3)A post-mortem clinical as referred to in paragraph (1) made on the patient's writtenconsent during his lifetime or the written consent of kin of patients.

(4)In the case of patients suspected of dying from diseases that endanger the communityand clinical post-mortem examination is absolutely necessary for diagnosis and / or

cause of death, not required consent.


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Article 120

(1)For the purposes of education in the field of medicine and biomedical science can bedone post-mortem anatomical at teaching hospitals or in institutions of medical

education.

(2)A post-mortem anatomical referred to in paragraph (1) can only be performed on anunknown body or bodies that are not taken care of by his family, upon the written

approval of the person's written consent during his lifetime or his family.

(3)The bodies referred to in paragraph (2) must have been preserved, published for hisfamily looked for, and stored at least 1 (one) month after his death.

(4)Further provisions on post-mortem anatomical referred to in paragraph (1), subsection(2), and paragraph (3) regulated by Regulation of the Minister.

Article 121

(1) post-mortem and post-mortem clinical anatomical may only be performed byphysicians in accordance with the expertise and authority.

(2) In the case at the time of clinical post-mortem and post-mortem anatomical discoveredthe alleged crime, health workers must report to the investigator in accordance with

statutory regulations.

Article 122

(1) For the purposes of law enforcement forensic post-mortem can be carried out inaccordance with the provisions of the legislation.

(2) A post-mortem forensic referred to in paragraph (1) conducted by forensic specialists,or by another physician when there is no forensic specialists and referral to a place

that is not possible forensic specialists.(3) The Government and local governments are responsible for providing post-mortem

forensic services in its territory.

(4) Further provisions concerning the implementation of a forensic post-mortemexamination is regulated by the Minister.

Article 123

(1)In the body that have been proven dead brain stem may be taken as the utilization ofdonor organs for transplant organs.

(2)The utilization of donor organs referred to in paragraph (1) must comply withlegislation.

(3)Further provisions concerning the determination of death and the utilization of donororgans referred to in paragraph (1) and paragraph (2) regulated by Regulation of the

Minister.


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Article 124

Actions post-mortem examination by health personnel should be conducted in accordance

with religious norms, moral norms, and professional ethics.

Article 125

The cost of medical examinations for victims of crime and / or inspection bodies for the

purposes of law covered by the government through state and local budgets.

CHAPTER VII

HEALTH MATERNAL, INFANT, CHILD,

TEENS, ELDERLY AND DISABLED

Part One

Maternal, newborn, and child

Article 126

(1)maternal health efforts should be directed to maintain their health so they can give birtha healthy generation and quality and reducing maternal mortality.

(2)maternal health effort referred to in paragraph (1) include promotive, preventive,curative and rehabilitative.

(3)The Government ensures the availability of personnel, facilities, equipment andmedicine in the implementation of maternal health services in safe, quality, and

affordable.

(4)Further provisions regarding maternal health services regulated by GovernmentRegulation.

Article 127

(1)The pregnancy outside the natural way can only be done by married couples with legalprovisions:

a. result of fertilization of sperm and ovum of husband and wife are concernedimplanted in the womb from which the ovum from the wife;

b. conducted by health personnel who have the expertise and authority to do so; andc. at certain health care facilities.

(2)Provisions regarding the requirements of pregnancy beyond the natural way as referredto in paragraph (1) regulated by Government Regulation.

Article 128

(1)Every baby is entitled to mother's milk exclusively from birth for 6 (six) months, unlessmedically indicated.


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(2)During breast-feeding, family parties, government, local government, and societyshould support mothers with infants full time and the provision of special facilities.

(3)Provision of special facilities as referred to in paragraph (2) held in the workplace andplace of public facilities.

Section 129

(1)Government is responsible for setting policy in order to guarantee the right of babies toget breast milk exclusively.

(2)Further provisions as referred to in paragraph (1) regulated by Government Regulation.Article 130

Government must provide complete immunization to every baby and child.

Article 131

(1)The infant and child health care should be directed to prepare future generations ofhealthy, intelligent, and quality and to reduce infant and child mortality.

(2)children's health care efforts made since the child was still in the womb, birth, afterbirth, and until the age of 18 (eighteen) years.

(3)The efforts of health care of infants and children referred to in paragraph (1) and paragraph (2) the responsibility and mutual obligation to parents, families,

communities and governments, and local governments.

Article 132

(1)Children who are born shall be raised and nurtured in a responsible manner that allowschildren to grow and develop healthy and optimal.

(2)The provisions concerning children born as referred to in paragraph (1) is implementedin accordance with the legislation.

(3)Every child is entitled to basic immunization in accordance with applicable regulationsto prevent the occurrence of diseases that can be avoided through immunization.

(4)Further provisions on the types of primary immunization as referred to in paragraph (3)established by Minister.

Article 133

(1) Each eligible infants and children are protected and protected from all forms ofdiscrimination and violence that could disrupt health.

(2) Government, local government, and society is obliged to ensure the protection ofinfants and children referred to in paragraph (1) and provide health services according

to need.


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Article 134

(1)The Government shall establish standards and / or criteria on the health of infants andchildren and ensure their implementation and facilitate the implementation of any

standards and criteria.

(2)Standard and / or the criteria referred to in paragraph (1) must be conducted inaccordance with the considerations of morality, religious values, and based on the

provisions of the legislation.

Article 135

(1) Government, local governments, and communities must provide space and otherfacilities required for children's play which enables children to grow and develop

optimally, and able to socialize in a healthy manner.

(2) The place to play and other necessary facilities as referred to in paragraph (1) shall beequipped with means of protection against health risks in order not to endanger the

health of children.

Part Two

Adolescent Health

Article 136

(1)The maintenance of adolescent health should be directed to prepare healthy adults andproductive, both socially and economically.

(2)Adolescent health care efforts referred to in paragraph (1) including adolescentreproductive done to get relief from various health problems that can hamper the ability

of a healthy reproductive life.(3)Adolescent health care efforts referred to in paragraph (1) conducted by the

Government, local government, and society.

Article 137

(1)The Government shall ensure that the youth can acquire education, information, andservices on adolescent health in order to be able to live healthy and responsible.

(2)The provisions concerning the obligation of the Government in ensuring that youthacquire education, and information about health services referred to in paragraph (1) is

implemented in accordance with the consideration of religious and moral values based

on the provisions of the legislation.


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Part Three

Health Elderly and Disabled

Article 138

(1) The health care for the elderly should aim to keep it healthy and productive livessocially and economically in accordance with human dignity.

(2) The Government shall guarantee the availability of health care facilities and facilitatethe elderly to live independently and remain socially and economically productive.

Article 139

(1)The health maintenance with disabilities should be addressed to keep it healthy andproductive lives socially, economically, and dignified.

(2)The Government shall guarantee the availability of health care facilities, and facilitate people with disabilities to live independently and remain socially and economically

productive.

Article 140

The efforts of health care for elderly and disabled as referred to in Article 138 and Article

139 made by the Government, local government,

and / or community.

CHAPTER VIII

NUTRITION

Article 141(1)Efforts to improve community nutrition aimed to improve the nutritional quality of

individual and society.

(2) Improved quality of nutrition as referred to in paragraph (1) is done through:a. improvement of food consumption patterns that correspond to balanced nutrition;b. conscious behavior improvement of nutrition, physical activity, and health;c. increasing access and quality of nutrition services in accordance with the

advancement of science and technology; and

d. increased awareness of food and nutrition system.(3)Government, local governments, and / or the community together to ensure the

availability of food that have high nutritional value are equitable and affordable.

(4)Government is obliged to keep the foodstuffs referred to in paragraph (2) meet thenutritional quality standards established by the legislation.

(5)Provision of foodstuffs as referred to in paragraph (1) carried out across sectors andamong provinces, kabupaten or intercity.


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Article 142

(1)Efforts to improve nutrition performed on the entire cycle of life in the womb up toelderly with a priority to vulnerable groups:

a. infants and toddlers;b. adolescent girls;c. pregnant and lactating mothers.

(2)Government is responsible for setting standards of nutritional adequacy rate, thestandard of nutrition services, nutrition and labor standards at various levels of service.

(3)Government is responsible for compliance adequacy and nutrition in poor families inemergency situations.

(4)Government is responsible for the education and correct information about nutrition tothe community.

(5)Government, local governments, and communities make efforts to achieve a goodnutritional status.

Article 143

Government is responsible for increasing knowledge and awareness of the importance of

nutrition and its effect on nutritional status improvement.

CHAPTER IX

MENTAL HEALTH

Article 144

(1)mental health efforts aimed at ensuring everyone can enjoy a healthy mental life, freefrom fear, stress and other disorders that can impair mental health.

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

(3)mental health efforts as referred to in paragraph (1) be a joint responsibility ofgovernments, local governments, and society.

(4)Government, local government, and society responsible for creating mental healthconditions and ensure the highest availability, accessibility, quality and equity of

mental health measures referred to in paragraph (2).

(5)The Government and local governments are obliged to develop community-basedmental health efforts as part of the overall mental health efforts, including facilitating

access to community mental health services.

Article 145

Government, local government and community efforts to ensure the mental health

preventive, promotive, curative, and rehabilitative, including efforts to ensure the mental

health in the workplace as referred to in Article 144 paragraph (3).


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Article 146

(1)People are entitled to proper information and education about mental health.(2)The right referred to in paragraph (1) intended to avoid human rights violations that are

considered a person experiencing mental health disorders.

(3)The Government and local government is obliged to provide information and educationabout mental health.

Article 147

(1) Efforts to cure people with mental health disorders are the responsibility ofgovernment, local government and communities.

(2) The effort of healing as referred to in paragraph (1) conducted by health authoritiesand in the right place while respecting the rights of patients.

(3) To care for people with mental health disorders, used specialized health care facilitiesand qualified in accordance with the provisions of the legislation.

Article 148

(1)People with mental disorders have the same rights as citizens.(2)The right referred to in paragraph (1) includes equality of treatment in every aspect of

life, unless the legislation of other states.

Article 149

(1)People with mental disorders are displaced, homeless, threatened her safety and / orothers, and / or disturbing the peace and / or public safety must get treatment and care

in healthcare facilities.(2)Government, local government, and society must take medication and treatment at

health care facilities for people with mental disorders are displaced, homeless,

threatened her safety and / or others, and / or disturbing the peace and / or public

safety.

(3)The Government and local governments responsible for the equitable provision ofmental health services by involving active participation of the community.

(4)Responsibility of the Government and local government referred to in paragraph (2)including the financing of treatment and care of people with mental illness for the poor.

Article 150

(1)mental health examination for the purposes of law enforcement (visum et repertumpsikiatricum) can only be done by a specialist psychiatric unit in health care facilities.

(2)Determination of the status of legal capacity of a person suspected of having mentalhealth problems conducted by a team of doctors who have expertise and competence in

accordance with professional standards.


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Article 151

Further provisions on mental health measures stipulated by Government Regulation.

CHAPTER X

AND NOT CONTAGIOUS DISEASES

Part One

Communicable disease

Article 152

(1)Government, local government and responsible masyarakatbertanggung take steps toprevent, control and eradication of infectious diseases and its effects.

(2)Efforts to prevent, control and eradication of communicable diseases as referred to in paragraph (1) done to protect the public from transmission of disease, reduce thenumber of sick, disabled and / or died, as well as to reduce social and economic

impacts caused by infectious diseases.

(3)Efforts to prevent, control, and treatment of infectious diseases as referred to inparagraph (1) carried out through promotive, preventive, curative, and rehabilitative for

the individual or society.

(4)Control the source of infectious diseases as referred to in paragraph (3) committedagainst the environment and / or people and other sources of transmission.

(5)Measures referred to in paragraph (1) must be implemented by area-based.(6)The implementation effort referred to in paragraph (3) is done through cross-sector.(7) In carrying out the effort referred to in paragraph (1), the Government may cooperate

with other countries.

(8)Efforts to prevent control, and eradication of communicable diseases as referred to inparagraph (1) performed in accordance with the provisions of the legislation.

Article 153

The government guarantees the availability of safe immunization materials, quality,

effective, affordable, and equitable society for efforts to control infectious diseases through

immunization.

Article 154

(1) The Government periodically determine and announce the type and spread ofpotentially contagious diseases and / or spread in a short time, and mention the areas

that can be a source of transmission.

(2) The Government may conduct surveillance of communicable diseases as referred to inparagraph (1).


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(3) In carrying out the surveillance referred to in paragraph (2), the Government can dowork closely with communities and other countries.

(4) The Government shall determine the types of diseases that require quarantine, thequarantine, and duration of quarantine.

Article 155

(1) Local government periodically determine and announce the type and spread ofpotentially contagious diseases and / or spread in a short time, and mention the areas

that can be a source of transmission.

(2) Local government can conduct surveillance of communicable diseases as referred toin paragraph (1).

(3) In carrying out the surveillance referred to in paragraph (2), local governments cancooperate with the community.

(4) Local government sets the type of disease that requires quarantine, the quarantine, andduration of quarantine.

(5) Local government in determining and announcing the type and spread of potentiallycontagious diseases and / or spread in a short time and the implementation of

surveillance and to determine the type of disease that requires quarantine, the

quarantine, and the old quarantine based on the provisions referred to in paragraph (1)

.

Article 156

(1)In implementing the prevention, control and eradication of communicable diseases asreferred to in Article 154 paragraph (1), the Government may declare the area in a state

of epidemic, explosion, or extraordinary events (KLB).

(2)Determination of regions in a state of epidemic, explosion, or extraordinary events(KLB) referred to in paragraph (1) must be based on the results of research that is

recognized for accuracy.

(3)Government, local governments, and communities make efforts to overcome stateoutbreak, eruption, or extraordinary events referred to in paragraph (2).

(4)Determination of regions in a state of epidemic, explosion, or extraordinary occurrenceand prevention efforts as referred to in paragraph (1) and paragraph (3), carried out in


Article 157

(1)Prevention of transmission of infectious diseases must be conducted by the societyincluding people with infectious diseases through hygiene and healthy behavior.

(2) In the implementation of disease prevention, health professionals authorized to inspectplaces where the suspected development of disease vectors and other sources.

(3)Further provisions on communicable diseases as referred to in paragraph (1) regulatedby Regulation of the Minister.


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Part Two

Non Communicable Diseases

Article 158

(1)Government, local governments and communities take steps to prevent, control, andhandling of non-communicable diseases and the effects it causes.

(2)Measures referred to in paragraph (1) to increase knowledge, awareness, willingnesshealthy behaviors and prevent the occurrence of non-communicable diseases and their

consequences thereof.

(3)Efforts to prevent, control, and handling of non-communicable diseases as referred toin paragraph (1) carried out through promotive, preventive, curative, and rehabilitative

for the individual or society.

(4)The provisions referred to in paragraph (1), subsection (2), and paragraph (3) isimplemented in accordance with the provisions of the legislation.

Article 159

(1) Control of communicable diseases surveillance conducted by the approach of riskfactors, disease registry, and mortality surveillance.

(2) The activities referred to in paragraph (1) aimed at obtaining information that isessential and can be used for decision making in an effort to control non-communicable

diseases.

(3) The activities referred to in paragraph (1) is done through cooperation across sectorsand with membentukjejaring, both nationally and internationally.

Article 160

(1) Government, local government together with the people responsible forcommunication, information, and education are right about the risk factors non-

communicable diseases that covers all phases of life.

(2) The risk factors referred to in paragraph (1) includes unbalanced diet, lack ofphysical activity, smoking, alcohol consumption, and traffic behavior that is not true.

Article 161

(1)Management of health services infectious disease does not cover the entire spectrum ofservices both promotive, preventive, curative and rehabilitative.

(2)Management services as referred to in paragraph (1) a professionally managed so thathealth services infectious disease is not available, acceptable, accessible, quality and

affordable by the community.

(3)Management services as referred to in paragraph (1) emphasis on early detection andtreatment of non-communicable diseases.


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CHAPTER XI

ENVIRONMENTAL HEALTH

Article 162

Environmental health efforts aimed at establishing the quality of a healthy environment,

whether physical, chemical, biological, and social that allows everyone to achieve the

degree of the highest health.

Article 163

(1)Government, local governments and communities to ensure the availability of a healthyenvironment and has no adverse risk to health.

(2)healthy environment as referred to in paragraph (1) includes the neighborhoods,workplaces, recreation areas, and places and public facilities.

(3)a healthy environment as referred to in paragraph (2) is free from elements that causehealth problems, among others:

a. liquid waste;b. solid waste;c. waste gases;d. waste not processed in accordance with the requirements set by the government;e. animal carriers of disease;f. hazardous chemicals;g. noise that exceeds the threshold;h. ionizing radiation and non-ionizing;i. contaminated water;j. polluted air, andk. contaminated food.

(4)The provisions concerning the quality standards of environmental health and wastetreatment process as referred to in paragraph (2), and paragraph (3), stipulated by

Government Regulation.

CHAPTER XII

OCCUPATIONAL HEALTH

Article 164

(1)occupational health efforts aimed at protecting workers in order to live healthy and freefrom health problems and adverse effects caused by work.

(2)occupational health effort referred to in paragraph (1) covers workers in the formal andinformal sectors.


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(3)occupational health effort referred to in paragraph (1) applies to any person other thanworkers in the workplace environment.

(4)occupational health effort referred to in paragraph (1) and paragraph (2) applies also tothe health of the Indonesian national army on the environment whether by land, sea, air

and police of the Republic of Indonesia.

(5)The Government sets occupational health standards referred to in paragraph (1) andparagraph (2).

(6)Managing the workplace must comply with occupational health standards referred to insubsection (5) and ensure a healthy work environment and is responsible for the

occurrence of occupational accidents.

(7)Managing the workplace shall be liable for accidents that occurred in the workingenvironment in accordance with the provisions of the legislation.

Article 165

(1)Managing the workplace shall take any form of health through prevention efforts,improved, treatment and recovery for labor.

(2) Workers are obliged to create and maintain the health of a healthy workplace andcomply with regulations in the workplace.

(3) In the selection of election candidates on company / agency, the results of physical andmental health is used as a material consideration in decision making.

(4) The provisions referred to in paragraph (1), subsection (2), and paragraph (3) isimplemented in accordance with the provisions of the legislation.

Article 166

(1)The employer or the employer must ensure the health of workers through preventiveefforts, capacity, treatment and recovery and must bear the entire cost of health care

workers.

(2)The employer or employers bear the cost of work-related health problems suffered byworkers in accordance with statutory regulations.

(3)The Government provides encouragement and assistance for the protection of workersreferred to in paragraph (1) and paragraph (2).

CHAPTER XIII

HEALTH MANAGEMENT

Article 167

(1)Management of health held by the Government, local government and / or communitythrough the management of health administration, health information, health resources,

health improvement, health financing, community participation and empowerment,

science and technology in health, as well as setting health law in an integrated and


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mutually supportive in order to ensure the achievement of the health of the highest

possible.

(2)Management of health carried out in stages in the central and regional levels.(3)health management as referred to in paragraph (1) made in a national health system.(4)The provisions referred to in paragraph (1), subsection (2), and paragraph (3) is

regulated by the President.

CHAPTER XIV

HEALTH INFORMATION

Article 168

(1)To organize health efforts are effective and efficient health information is needed.(2)Health information referred to in paragraph (1) made through the system and through

cross-sector information.

(3)Further provisions concerning the information system as referred to in paragraph (2) isregulated by the Government.

Article 169

The government provides convenience to the public to obtain access to health information

in an effort to improve community health status.

CHAPTER XV

HEALTH FINANCING

Article 170(1)Financing health care aims to provide sustainable health financing with a sufficient

amount, allocated fairly, and successfully utilized effectively and efficiently to ensure

the health development in order to improve community health status as high.

(2)The elements of health financing as referred to in paragraph (1) consists of a source offinancing, allocation and utilization.

(3)Source of health financing comes from government, local government, public, privateand other sources.

Article 171

(1)Big Government health budget is allocated a minimum of 5% (five percent) of budgetrevenues and expenditures beyond salary.

(2)The provincial government's health budget, district / city is allocated a minimum of10% (ten percent) of the budget revenue and expenditure areas outside of salary.

(3)The amount of the health budget as referred to in paragraph (1) and paragraph (2)priority to the interests of public service which a quantity of at least 2 / 3 (two thirds)


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of the health budget in the budget revenues and expenditures of state and local budget

revenue and expenditure .

Article 172

(1)The allocation of health financing as referred to in Article 171 paragraph (3) isintended for health services in the field of public services, especially for the poor, the

elderly, and neglected children.

(2)Further provisions concerning the procedures for the allocation of health financing asreferred to in paragraph (1) regulated by Government Regulation.

Article 173

(1)The allocation of health financing that comes from the private sector as referred to inArticle 170 paragraph (3) mobilized through the national social security system and / or

commercial health insurance.

(2)Provisions concerning procedures for the implementation of national social securitysystem and / or commercial health insurance as referred to in paragraph (1) is

implemented in accordance with the provisions of the legislation.

CHAPTER XVI

COMMUNITY PARTICIPATION

Article 174

(1)Community participation, either individually or organized in all its forms and stages ofhealth development in order to help accelerate the achievement of public health degrees

are the highest.(2)The participation referred to in paragraph (1) includes the active participation and

creative.

CHAPTER XVII

AGENCY FOR HEALTH CONSIDERATIONS

Part One

Name and Position

Article 175

Agency is an independent body of health considerations, which have the duties, functions,

and authority in the field of health.

Article 176

(1)The health considerations and based in the Central region.


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(2)Board consideration of the health center called the National Health Advisory Boardhereinafter abbreviated BPKN domiciled in the capital of the Republic of Indonesia.

(3)The local health considerations hereinafter abbreviated financial management unitbased in the provincial and regency / city.

(4)Position BPKN and Financial Management Unit referred to in paragraph (2) andparagraph (3) is up at the district level.

Part Two

Roles, Duties, and Powers

Article 177

(1)BPKN and Financial Management Unit helps government and community play a rolein the health sector in accordance with the scope of each task.

(2)BPKN and Financial Management Unit referred to in paragraph (1) has the duties andpowers include:a. inventory issues through the review of the various information and data that are

relevant or affect the health development process;

b. advise the government on health development targets during the period of 5 (five)years;

c. achievement of the strategy and priorities for health development activities;d. provide input to the government in identifying and mobilizing resources for health

development;

e. to advocate the allocation and use of funds from all sources so that its utilization ofeffective, efficient, and in accordance with the strategy adopted;

f. monitor and evaluate the implementation of health development, andg. formulate and propose corrective action needs to be done in the implementation of

health development is distorted.

(3)BPKN and Financial Management Unit to assist the government and the public role inhealth.

(4)Further provisions regarding membership, organizational structure and financingBPKN and Financial Management Unit referred to in paragraph (1) is regulated by the

President.


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CHAPTER XVIII

GUIDANCE AND CONTROL

Part One

Development

Article 178

Central and local government to guide the society and against any organizer of activities

related to health resources in health and health efforts.

Article 179

(1)Guidance as referred to in Article 178 is directed to:a. meet the needs of everyone in gaining access to resources in the health sector;b. move and carry out the implementation of health measures;c.

facilitate and organize health facilities and health care facilities;

d. meet the community needs to get medical supplies, including pharmaceuticals andmedical devices and food and beverages;

e. meet the nutritional needs of the community in accordance with the standards andrequirements;

f. protect the public against all possibilities that could pose a danger to health.(2)Guidance as referred to in paragraph (1) be implemented through:

a. communication, information, education and community empowerment;b. utilization of health personnel;c. financing.

Article 180

In order coaching, the Government and local governments, may provide awards to persons

or entities who have been instrumental in realizing the goal of each activity to health.

Article 181

Further provisions concerning the formation is regulated by the Minister.

Part Two

Supervision

Article 182

(1)Minister to supervise the public and every operator activities related to resources inhealth and health efforts.

(2)The Minister in conducting surveillance can give permission to any efforts theprovision of health.


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(3) the Minister in carrying out the supervision as referred to in paragraph (1) and paragraph (2) may delegate to non-ministerial government institutions, heads of

agencies in the province, and district / municipal duties and functions in health.

(4) the Minister in carrying out supervision of public participation.Article 183

Ministers or heads of agencies referred to in Article 182 in performing their duties can be

raised with the main tasks of supervisory personnel to conduct surveillance of everything

connected with resources in health and health efforts.

Article 184

In performing the duties as referred to in Article 183, labor inspectors have the function:

a. enter any place suspected of use in activities related to implementation of healthmeasures;

b.

check the licenses held by health workers and health facilities.

Article 185

Every person in charge of the audits be conducted by supervisory personnel have the right

to refuse the examination if the relevant supervisory personnel are not equipped with a

badge and warrant examination.

Article 186

When the examination results indicate the presence of suspected or reasonably suspected

violations of law in the areas of health, labor inspectors shall report to the investigator in


Article 187

Further provisions on supervision shall be regulated by Ministerial Regulation.

Article 188

(1)The Minister may take administrative action against health professionals and healthcare facilities that violate the provisions stipulated in this Law.

(2)The Minister may delegate authority as referred to in paragraph (1) to governmentagencies nonkementerian, head of the provincial, or district / municipal duties and

functions in health.

(3)The administrative measures referred to in paragraph (1) can be:a. written warning;b. revocation of a temporary or permanent license.

(4)Further provisions concerning the procedures for taking administrative action of thisArticle shall be referred by the Minister.


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CHAPTER XIX

INVESTIGATION

Article 189

(1)In addition to the police investigator of the Republic of Indonesia, to officials of certaincivil servants in government affairs are conducted in the health field are also given

special authority as investigators as referred to in Law No. 8 of 1981 on Criminal

Proceedings, to conduct investigation of criminal offenses in the health sector.

(2)Investigator as referred to in paragraph (1) authorized:a. To examine and report information about crime in the health sector;b. To investigate individuals

law of republic of indonesia

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