to Indonesian
article 5 paragraph (1) and article 20 paragraph (1) of the 1945 constitution;
THE LAW ON HEALTH
Hereinafter referred to as :
The development of health shall be based on the principle of humanitarianism with regard to the aspects of the God Almighty, benefit, cooperation, collective effort, just, equity, balanced life and self-reliance.
The development of health shall aim at promoting the awareness, desire and capability of each individual to lead healthy alive in order to create optimum public health degree.
Every individual shall have the same right to obtain optimum health degree.
Every individual shall participate in maintaining and improving the health degree of individuals, families and the environment.
The government shall have the task of regulating, developing and supervising the implementation of health efforts.
The government shall have the task of implementing equitable health efforts which are within the reach of the public.
The government shall have the task of motivating the public to take part in implementing and financing health efforts by observing their social function to enable economically weak people to enjoy health services.
The government shall be responsible for the promotion of public health degree.
To enable the public to enjoy optimum health degree, health efforts shall he made through health maintenance approaches, health promotion, preventive act, curative act and health rehabilitation in a comprehensive, integrated and sustainable manner.
(1) The health efforts as referred to in Article 10 shall be implemented through the following activities:
(2) The implementation of the health efforts as referred to in paragraph (1) shall be supported by health resources.
(1) Family health shall be implemented to create healthy, small, happy and prosperous families.
(2) The family health as referred to in paragraph (1) shall include parents', children's and other family members health.
The parents health shall give a priority to birth control to create a healthy and harmonious family.
Wives' health shall cover the period of pre-pregnancy, pregnancy, labor, outside pregnancy and outside labor.
(1) Certain medical steps shall be taken in the state of emergency as part of an effort to save pregnant women and their fetus.
(2) The medical steps as referred to in paragraph (1) shall be taken only:
(3) Further provisions on certain medical steps as referred to in paragraphs (1) and (2) shall be stipulated by a Government Regulation.
(1) Artificial conception shall be a last resort to help couples give births.
(2) Only legal couples shall be allowed to have artificial conception as referred to in paragraph (1) on the condition that :
(3) The requirement for artificial conception as referred to in paragraphs (1) and (2) shall be stipulated by a Government Regulation.
(1) Child health shall aim at creating child growth and development.
(2) The child health as referred to in paragraph (1) shall be realized through the promotion of child health in the womb of time, at the age of five years, and at a time of pre-school age as well as school age.
(1) Every family shall develop its own family health.
(2) The government shall help implement and develop family health by providing physical facilities and infrastructures or by carrying out activities to support family health.
(1) The development of old age people's health shall be directed towards the maintenance and promotion of their health and capacity to constantly make them productive.
(2) The government shall help the development of old age people's health to promote the quality of their life to the optimum.
(1) The improvement of nutrition shall aim at creating the fulfillment of nutrition need.
(2) The improvement of nutrition shall include improving nutrition status and quality, preventing and curing diseases and rehabilitating health because of malnutrition.
(2) Each food and drink package shall have a sign or label attached, containing:
(3) The food and drink which fail to fulfill the provisions on health standard and or requirements, and or which hazard health as referred to in paragraph (1) shall be banned from circulation, withdrawn from circulation and confiscated to be destroyed pursuant to provisions in the law in force.
(4) Provisions on the food and drink security as referred to in paragraphs (1), (2) and (3) shall be stipulated by a Government Regulation.
(1) Food and drink security shall aim at preventing the public from consuming food and drink which do not fulfill provisions on health standard and or requirements.
(1) Environmental health shall aim at creating the healthy environment.
(2) Environmental health shall be implemented at public places, residential areas, work places, public transport and other places.
(3) Environmental health shall include activities to make water and air healthy, activities to keep solid waste, liquid waste, gas waste, radiation and noise from causing danger, activities to prevent disease vectors and other activities.
(1) Occupational health shall aim at creating optimum work productivity.
(2) Occupational health shall include the provision of work health services, the prevention of work-related diseases, the requirement of occupational health.
(3) Every work place shall provide occupational health services.
(4) Provisions on the occupational health as referred to in paragraphs (2) and (3) shall be stipulated by a Government Regulation.
(1) Mental health shall aim at creating optimum mental health, either intellectually or emotionally.
(2) Mental health shall include maintaining and promoting mental health, preventing and controlling psychosocial problems and mental disturbances, curing and rehabilitating the mentally handicapped.
(3) Individuals, families, schools, work place managements and communities shall be entrusted to the promotion of mental health by using mental health facilities and other facilities.
(1) The government shall cure, treat and rehabilitate the mentally handicapped and return them to the community after undergoing curative treatment and or treatment.
(2) The government shall motivate, help, and develop public activities to prevent and control psychosocial problems and mental disturbances, cure, treat and rehabilitate the mentally handicapped as well as return the former mentally handicapped to the community.
(1) The mentally handicapped who may disturb low and order shall be cured and treated at mental health facilities or other health facilities.
(2) The mentally handicapped shall receive curative treatment and treatment at the request of the husband or the wife or the guardian or members of the mentally handicapped's family or at the initiative of the lo cal official responsible for law and order or the judge of a court if in a lawsuit the party concerned is suspected of being mentally ill.
Provisions on mental health and efforts to deal with it shall be stipulated by a Government Regulation.
(1) Disease control shall aim at lowering the illness rate and or the morality rate.
(2) Contagious diseases and incontagious diseases shall be the target of disease control.
(3) The control of contagious diseases or diseases which may cause high illness rate and or mortality rate shall be conducted as early as possible.
The control of incontagious diseases shall aim at preventing and reducing diseases by improving and changing the behavior of the public and through other ways.
The control of contagious diseases shall be conducted through counseling, examination, immunization, efforts to get rid of sources and agents of diseases, quarantine, and other efforts.
The control of contagious diseases which may lead to an epidemic and quarantine disease shall be conducted pursuant to provisions in the law in force.
(1) The cure of disease and the rehabilitation of health shall be conducted to return health status due to disease and the function of body due to handicap to a normal state and to leave out handicap.
(2) The cure of disease and the rehabilitation of health shall be conducted with therapy and or treatment.
(3) Therapy and or treatment shall be conducted on the basis of medicine and the science of nursing or other accountable methods.
(4) The therapy and or treatment which are based on medicine or the science of nursing shall only be conducted by the health officers who have expertise and authority to do so.
(5) The government shall develop and supervise the implementation of therapy and or treatment which is based on other accountable methods.
(1) in curing disease and rehabilitating health, it shall be allowed to transplant organs and or body tissues, transfuse blood, implant medicines and or health devices, and perform plastic surgeries and reconstructions.
(2) The transplantation of organs and or body tissues and blood transfusion as referred to in paragraph (1) shall be done for the interest of humanity instead of commerce.
(1) The transplantation of organs and or body tissues shall only be done by the health officers who have expertise and authority to do so by using certain health facilities.
(2) The removal of an organ and or body tissue from a donor shall take account of the health condition of the related donor and obtain an approval from the donor or the heirs or the family members.
(3) Provisions on the requirements and procedures for the transplantation as referred to in paragraphs (1), and (2) shall be stipulated by a Government Regulation.
(1) Blood transfusion shall only be done by the health officers who have expertise and authority to do so.
(2) Provisions on the requirements and procedures for blood transfusion as referred to in paragraph (1) shall be stipulated by a Government Regulation.
(1) Implanting medicines and health devices in the body of people shall only be done by the health officers who have expertise and authority to do so at a certain health facilities.
(2) Provisions on the requirements and procedures for implanting medicines and or health devices in the body of people as referred to in paragraph (1) shall be stipulated by a Government Regulation.
(1) Plastic surgeries and reconstructions shall only be performed by the health officers who have expertise and authority to do so at certain health facilities.
(2) Plastic surgeries and reconstructions shall not be in contradiction to the norms prevailing in the community.
(3) Provisions on the requirements and procedures for plastic surgeries and reconstructions as referred to in paragraphs (1) and (2) shall be stipulated by a Government Regulation.
(1) Public health counseling shall be implemented to promote their knowledge, awareness, desire and capability to lead healthy alive and to make them play an active role in health efforts.
(2) Provisions on public health counseling as referred to in paragraph (1) shall be stipulated by a Government Regulation.
The protection of Pharmaceutical preparations and health devices shall protect the public against danger as a result of the use of pharmaceutical preparations and health devices which do not fulfill the requirements of quality and or safety or advantage
(1) Pharmaceutical preparations which are in the form of medicinal drugs and the ingredients of drugs shall fulfill the requirements of the Indonesian pharmacopoeia and or other- standard books.
(2) Pharmaceutical preparations which are in the form of traditional medicines and cosmetics as well as health devices shall fulfill the given standard and requirement.
(3) The government shall be authorized to revoke circulation permits and order the withdrawal from circulation of the pharmaceutical preparations and health devices which have obtained a circulation permit but failed to fulfill the requirements of quality and or safety or advantage, and confiscate and destroy them pursuant to provisions in the law in force.
(1) Pharmaceutical preparations and health devices shall only be circulated after obtaining a circulation permit.
(2) The marking of and information on pharmaceutical preparations and health devices shall fulfill the requirements of objectivity and completeness and shall not be misleading.
Activities concerning the protection of pharmaceutical preparations and health devices shall be stipulated by a Government Regulation
(1) The protection of the use of materials containing addictive substances shall be directed towards the prevention of the health of individuals, families, communities and their environment.
(2) The production, circulation and use of materials containing addictive substances shall fulfill the, general standard and or requirement already stipulated.
(3) Provisions on the protection of materials containing addictive substances as referred to in paragraphs (1) and (2) shall be stipulated by a Government Regulation.
(1) School health shall aim at promoting educationees' capability to lead healthy alive in the healthy environment, so that they can study, grow and develop harmoniously and optimally to become human resources of high quality.
(2) The school health as referred to in paragraph (1) shall be realized through schools or other educational institutes.
(3) Provisions on school health as referred to in paragraphs (1) and (2) shall be stipulated by a Government Regulation.
(1) Sport health shall aim at maintaining and improving health through physical exercises.
(2) The sport health as referred to in paragraph (1) shall be realized at sport facilities or other facilities
(3) Provisions on the sport health as referred to in paragraphs (1) and (2) shall be stipulated by a Government Regulation.
(1) Traditional Therapy shall be another way of therapy and or treatment outside medical science and the science of nursing.
(2) The traditional therapy as referred to in paragraph (1) shall be developed and controlled to make it another way of therapy and or treatment of which advantage and safety can be accounted for.
(3) The traditional therapy of which advantage and safety can already be accounted for shall be continuously improved and developed to create the optimum health degree of the public.
(4) Provisions on the traditional therapy as referred to in paragraphs (2) and (3) shall be stipulated by a Government Regulation.
(1) As a special form of health effort, dimensional health shall be implemented to create an optimum health degree in the dimensional environment which always changes.
(2) Dimensional health shall include field health, marine health and underwater health as well as aerospace health.
(3) Provisions on the dimensional health as referred to in paragraphs (1) and (2) shall be stipulated by a Government Regulation.
Health resources shall be all hardware and software used to support the implementation of health efforts, including:
(1) Health officers shall carry out health activities according to their respective fields of expertise and authority.
(2) Provisions on the category, type and qualifications of health officers shall be stipulated by a Government Regulation.
(1) The government and or the public shall organize training and education courses as part of efforts to train health officers to meet the demand for such officers.
(2) Further provisions on the organization of training and education courses for health officers shall be stipulated pursuant to the law in force.
(1) The government shall regulate the placement of health officers within the framework of the equitable distribution of health services.
(2) Provisions on the placement of health officers as referred to in paragraph (1) shall be stipulated by a Government Regulation.
(1) Health officers shall be entitled to legal protection pursuant to their profession while carrying out their task.
(2) In carrying out their task, health officers shall comply with the professional standard and pay respect to patients' rights.
(3) For the purpose of authentication, health officers shall perform medical actions on an individual by paying attention to the health and safety of the individual concerned.
(4) Provisions on the professional standard and patients' rights as referred to in paragraph (2) shall be stipulated by a Government Regulation.
(1) Health officers who make mistakes or do acts of negligence while carrying out their task shall be subject to disciplinary measures.
(2) The council for Health Officers' Discipline shall ascertain whether the health officers make mistakes or do acts of negligence as referred to in paragraph (1).
(3) Provisions on the establishment, task, function, and working system of the Council for Health Officers' Discipline shall be stipulated by a Government Regulation.
(1) Every individual shall be entitled to compensations because of health officers' mistakes or acts of negligence.
(2) The compensations as referred to in paragraph (1) shall be given pursuant to the law in force.
(1) Health facilities shall include medical clinic, public health service centre, general hospital, special hospital, doctor practice, dentist practice, medical specialist practice, dental specialist practice, midwife practice, drug store, dispensary, pharmaceutical preparation wholesaler, medicine and medicinal material manufacturer, laboratory, medical school and college, health training centre, and other health facilities,
(2) The health facilities as referred to in paragraph (1) shall be made available by the government and or the public.
(1) Health facilities shall function as a means to realize basic health efforts or reference health efforts and or supporting health efforts.
(2) Health facilities shall constantly take account of social functions in realizing the activities as referred to in paragraph (1).
(3) Health facilities shall also be used for the interests of education and training as well as research and development of science and technology in the field of health.
(1) Certain health facilities which are managed by the public shall be in the form of corporate body.
(2) Certain health facilities as referred to in paragraph (1) shall be stipulated by a Government Regulation.
(1) All parties who are engaged in health facilities shall hold a permit.
(2) Permits to manage health facilities shall be granted by taking account of the equitable distribution and quality improvement of health services.
(3) Provisions on the requirements and procedures for obtaining permits to manage health facilities shall be stipulated by a Government Regulation.
Health supplies used to realize health efforts shall include pharmaceutical preparations, health devices, and other supplies.
(1) Health supplies shall be managed to meet the demand for pharmaceutical preparations and health devices as well as other supplies which are within the reach of the public.
(2) Health supplies in the form of pharmaceutical preparations and health devices shall be managed by taking account of the fulfillment of demands, advantage, prices, and factors relating to the equitable provision of health supplies.
(3) The government shall help provide health supplies which according to considerations are needed by health facilities.
(1) The procurement and use of pharmaceutical preparations and health devices shall be directed towards the utilization of the national potentials by paying attention to the conservation of the environment, including natural and socio-cultural resources.
(2) Pharmaceutical preparations and health devices shall be produced through a valid and accurate production method which fulfils the requirements of the Indonesian pharmacopoeia or other standard books and or other specified requirements.
(3) The government shall encourage, develop, and direct the utilization of traditional medicines which can be accounted for to create an optimum health degree.
(1) The pharmaceutical task of procuring, producing, distributing and supplying pharmaceutical preparations shall only be carried out by health officers who have expertise and authority to do so.
(2) Provisions on the pharmaceutical task as referred to in paragraph (1) shall be stipulated by a Government Regulation.
Provisions on health supplies shall be stipulated by a Government Regulation.
(1) The government and or the public shall finance the implementation of health efforts.
(2) The government shall help the public implement health efforts, especially for those susceptible to illness pursuant to the law in force.
(1) The government shall develop, promote, and encourage public health maintenance guarantees as a method which serves as the basis for health maintenance which is financed through a pre-effort method on the basis of the principles of cooperation and collective efforts.
(2) Public health maintenance guarantees shall constitute a method of health maintenance which shall be financed in an integrated manner to promote a health degree, and shall be realized by each organizer.
(3) Organizers of public health maintenance guarantees shall be in the form of corporate body, hold an operational permit and play an active role.
(4) Provisions on public health maintenance guarantees shall be stipulated by a Government Regulation.
(1) The health under the management of the government and or the public shall be directed towards the development and promotion of capacity in order to implement health efforts efficiently and effectively.
(2) The management as referred to in paragraph (1) shall include planning, organizing, actuating and controlling programs and resources conducive to the enhancement of health efforts.
The health under the management of the government shall be realized by health apparatuses and other state bodies, either at a central or regional level.
(1) the research and development of health shall be conducted to choose and determine the most appropriate science and technology to improve a health degree.
(2) Research, development and application of the result of a research to human beings as referred to in paragraph (1) shall observe norms prevailing in the community.
(3) The application of the research and development of science and technology of health to human beings shall take into account the health and safety of the parties concerned.
(4) Provisions on the research, development, and application of the result of a research as referred to in paragraphs (1), (2), and (3) shall be stipulated by a Government Regulation.
(1) In conducting research and development, an autopsy shall be done to learn the cause of disease and or the cause of death as well as the education of the health officers.
(2) An autopsy shall only be done by the health officers who have expertise and authority to do so by observing norms prevailing in the community.
(3) Provisions on the autopsy as referred !o in paragraphs (1) and (2) shall be stipulated by a Government Regulation.
(1) The public shall have opportunities to take part in the implementation of health efforts and their resources.
(2) The government shall develop, motivate and activate public self-financing undertakings dealing with health business to make them more efficient and effective.
(3) Provisions on the requirements and procedures for participating in the health sector shall be stipulated by a Government Regulation.
(1) To participate in making government policies on health, the public shall give considerations to the National Health Advisory Board, whose members are made up of social leaders and other experts.
(2) Provisions on the establishment, main task, function and working system of the National Health Advisory Board shall be stipulated by a presidential decree.
The Government shall develop all activities relating to the implementation of health efforts.
The development as referred to in Article 73 shall be directed towards:
1. the creation of an optimum public health degree.
2. the fulfillment of the public demand for sufficient, safe and good health services and supplies which are within the reach of people from a variety of social strata.
3. the protection of the public against the possibility of disturbance and danger to health.
4. the granting of facilities to support the promotion of health efforts.
5. the quality improvement of the profession of health officers.
Provisions on the development as referred to in Article 73 and 74 shall be stipulated by a Government Regulation.
The Government shall supervise all activities relating to the implementation of health efforts, either those implemented by the Government or the public.
The government shall be authorized to take administrative measures against health officers and health facilities which violate provisions in this law.
Provisions on the supervision as referred to in Article 76 shall be stipulated by a Government Regulation.
(1) Apart from the investigating officers from the Indonesian Police, certain civilian civil servant officials from the Ministry of Health shall also have special authority to act as investigators as referred to in Law No. 8/1981 on Law of Criminal Procedure (Statute Book of 1981 No. 76, Supplement to Statute Book No. 3209) to conduct the investigation of criminal offences as regulated in this Law.
(2) The investigators as referred to in paragraph (1) shall be authorized :
(3) Investigators shall exercise the authority as referred to in paragraph (2) pursuant to Law No.8/1981 on Law of Criminal Procedure.
(1) Whoever deliberately performs a certain medical action on a pregnant woman which does not fulfill provisions as referred to in Article 15 paragraphs (1) and (2), shall be liable to a maximum jail term of 15 (fifteen) years and a maximum fine of Rp 500,000,000 (five hundred million rupiahs)".
(2) Whoever deliberately raises funds from the public to finance health maintenance without taking the form of corporate body and holding an operational permit as well as performing provisions on public health maintenance guarantees as referred to in Article 60 paragraphs (2) and (3) shall be liable to a maximum jail-term of 15 (fifteen) years and a maximum fine of Rp 500,000,000 (five hundred million rupiahs).
(3) Whoever deliberately transports a body organ or a body issue or transfuses blood as referred to in Article 33 paragraph (2) for a commercial purpose shall be liable to a maximum jail term of 15 (fifteen) years and a maximum fine of Rp 300,000,000 (three hundred million rupiahs).
(4) Whoever deliberately:
(1) Whoever deliberately:
(2) Whoever deliberately :
(1) Whoever deliberately:
(2) Whoever deliberately
The threatened penalty as contemplated in Article 80, Article 81, and Article 82 shall be increased by a fourth if causing major injury or a third if causing death.
Whoever
1. distributes foods and or beverages that are packed without mentioning tag or label as meant in Article 21 Paragraph (2)
2. operates places or facilities of public services that do not meet standards and or requirements of healthy environment as meant in Article 22 paragraph (4);
3. manages work sites that do not meet provisions as meant in Article 23 paragraph (3);
4. hinders any mentally handicapped person from being treated and or cared in the mental health facilities or other health service facilities as meant in Article 26 Paragraph (1);
manages health facilities that do not meet requirements as meant in Article 58 Paragraph (1) or having no permit as meant in Article 59 Paragraph (1) shall be liable to a maximum jail term of 1 (one) year and or a maximum fine of Rp. 15.000.000,00 (fifteen million rupiah).
1. Criminal actions as meant in Article 80, Article 81, and Article 82 are crime.
2. Criminal actions as meant in Article 84 are violation.
Government Regulations as implementation of this law may stipulate fine of maximum Rp. 10.000.000,00 (ten million rupiah).
All of statutory regulations that are implementing regulations of
(1) With the enforcement of this law, particular health facilities under the management of the public who are not yet in the form of corporate body as referred to in Article 58 paragraph (1) shall continue to be allowed to carry out their functions until their form of corporate body is adjusted.
(2) The form of corporate body as referred to in paragraph (1) shall be adjusted not later than 2 (two) years starting from the enforcement date of this law.
With the enforcement of this law,
This law shall come into force as from the date of promulgation.
For public cognizance, this law shall be promulgated by placing it in the Statute Book of the Republic of Indonesia.
Ratified in Jakarta
On September 17, 1992
THE PRESIDENT OF THE REPUBLIC OF INDONESIA,
Sgd,
SOEHARTO
Promulgated in Jakarta
On September 17, 1992
THE MINISTER/STATE SECRETARY
Sgd,
MOERDIONO