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    Discriminatory implementation of Law no. 36 on Health


    A. Background

    Healthy is an important part of human life highly coveted. " Everyone has the right to health "in accordance with Law No. 36 Year 2009 on Health (Law no. 36 of 2009 on Health) Article 4.Sehatsebagai part of the right to life is the right inderogable yaituhak are inviolable under any circumstances. " Every person has the right to live physical and spiritual prosperity, residence, and get a good environment and healthy and has the right to health ", this provision stated clearly in the highest law in the Indonesian Constitution of the Republic of Indonesia in 1945 (Constitution NRI 1945) Article 28H Paragraph

    (1). But unfortunately the implementation is not as beautiful as the editor in a constitution. Penyimpanganteori insidious practice writing with the implementation of the provisions sertapenyimpangan UUtetap happen.
    " Every person is entitled to freedom from discriminatory treatment on the basis of anything and are entitled to protection against diskrimiatif treat it ". The assertion is contained in discrimination against NRI 1945 Constitution Article 28 paragraph

    (2). Such provisions are universal in various areas within the jurisdiction of NRI. Included in the field of health care but still there is a difference between poor and rich. "The poor are prohibited sick" and "You want to get sick so rich first". As if this statement be a slogan in health care.
    To realize the health services established baiksudah Law. 36 of 2009 on Health. Regulations are set in a clear, accurate, and complete every aspect of kesehatan.Mulai important notions in health law, principles and objectives, rights and obligations, responsibility, resources in the health sector, health efforts, maternal health , infants, children, adolescents, the elderly, and persons with disabilities, nutrition, mental health, infectious and non-infectious diseases, environmental health, occupational health, health management, health information, health care financing, community participation, health considerations agency, coaching and supervision, and other matters related to the health care provided in each chapter.But a sharp-sharp blade when not in use will not be able to cut down anything. Sharp knife if used for purposes not good then it will be an enemy to their owners. Likewise with the laws governing health will only be sebuh writing on paper without any positive impact on public health in Indonesia.
    B. Summary of Problems
    Based on the background that has been delivered over the formulation of the problem in the text is as follows:
    1. What is the impact after the birth of the Law no. 36 of 2009 on Health on health in Indonesia?
    2. What is problem solving against discrimination that still occurs between the poor and the rich in getting health care?

    A. Meaning

    To facilitate understanding and answering the problem formulation in this paper. Then be studied in defenitif meaning of the terms contained in the title. Appropriate meaning set forth in General General Dictionary Bahasa Indonesia (KBBI) Diskrminatif adalahbersifat discrimination or distinctive. Said dikriminatif itself comes from the word discrimination means discrimination against fellow citizens commission based on skin color, class, ethnicity, economics, religion, and other things that can be used as an excuse to create a difference.Implementation is the execution or implementation of an activity undertaken for specific purposes. In KBBI, health is the condition of the whole body and its parts are free from pain, sane, for the good of the body, recovered from the illness, both the normal and the mind, be credible or plausible about opinion, went well or as appropriate in the financial , economics and other fields, carefully executed and well. Healthy mentioned above it can be reasonable (sane and insane), afiat (in good health), mind (common sense), and hearty (healthy and truly strong or healthy). While in Law. 36 of 2009 on Health Article 1 paragraph 1 that " Health is a state of health, both physically, mentally, spiritually and socially to enable more people to live socially and economically productive "
    B. Law no. 36 of 2009 on Health
    Health is a human right (HAM) and one of the elements of well-being to be realized in accordance with the ideals of Indonesia which clearly contained in the preamble to the 1945 Constitution NRI promote the general welfare.Pancasila as the national ideology of Indonesia has been crystallized in the Constitution NRI 1945.To create an activity in order to maintain and improve public health with the highest execution nondiskriminatif, partisifatif, and sustainable in the context of the formation of human resources and to improve the resilience and competitiveness of the nation for national development in the health field. Need to set up a concrete rule about health.The magnitude of the health impact in national development requires a focus on health in the archipelago. Health disorders will cause economic losses. Efforts to improve public health also means investment for the development of the country. Health improvement efforts should be based on a broad knowledge of health in order to improve welfare (health) community. Considering Act No. 23 of 1992 on Health (Law no. 23 of 1992 on Health), which is not able to deal with the systematic development and dynamics of current health. Support the establishment of Law. 36 of 2009 on the new Health Act Kesehatan.Pembentukan also for the establishment of a regulatory and pewujudnyataan implementation of Article 20, Article 28H Paragraph (1), and Article 34 paragraph (3) Constitution NRI 1945.


    A. Diskrimatif the Implementation Law. 36 of 2009 on Health

    Merupakanbagian of circumstances sejahterabadan health, life and social yangmemungkinkan everyone and socially productive lives ekonomi.Tidak undeniable that:"... Health is a basic human daridiakuinya degrees. Without health, one becomes not sederajatsecara conditional.Without health, one would not be able to obtain the right-haklainnya. Thus be one measure of health than danekonomi levels, which determine the quality of human resources. " [1]If the view of the theoretical and the legislation that is the case then efforts should be made ​​to every citizen's health.There is no such thing in Indonesia discrimination between rich and poor. Tough economy is the biggest enemy in obtaining health services. In the written provisions of Article 1, item 11 of Law no. 36 of 2009 on Health stated that "health Disability is any activity and / or a series done in an integrated, integrated IT and continuing to preserve and enhance the degree of public health in disease prevention, health improvement by the government and / or society". Direction of the destination Indonesia to promote the general welfare.

    Then in Article 3 of Law no. 36 of 2009 on Health with " health development aims to increase awareness, willingness, and ability of healthy life for every person that materializes setingi public health degree-height, as investments for the development of human resources is socially and economically productive ".
    To achieve these objectives with existing health efforts are employed in the health service Law. 36 of 2009 on Health, namely:
    • Promotive health care services (Article 1 point 12)

    An activity and / or a series of health care that is more about the nature of health promotion activities.
    • Preventive health services (Article 1 paragraph 13)

    A preventive activities of a health problem / illness.
    • Curative health services (Article 1 paragraph 14)

    An activity and / or series of treatments intended to cure the disease, reduction, suffering from the disease, control of health, or disability in order to control the quality of the patient can be maintained seoptimalmungkin.
    • Rehabilitative health services (Article 1 paragraph 15)

    Activities and / or series of activities to mengambalikan former patients into the community so that it can function more as a useful member of society to stand and society as closely as possible with the ability.
    • Traditional health care (Article 1 paragraph 16)

    Treatment and / or care and medicine by referring to the experience and skills hereditary empirically accountable and applied in accordance with the norms prevailing in society.
    Without ruling out any explicit provisions of legislation available. There are facts and performs field of moral crisis of the server health and government authorities in the health service.Discrimination on the health of closing the opportunity to become healthier individuals. The government should provide affordable health care facilities it provides health failitas expensive. Consequently intimidation in the form of discourse "prohibited poor people sick" is inevitable. The government required to provide policies that lead to available and accessibility of health services in a way that is easy and fast to get it.The economic factor is one of the difficult acquisition of the right to health. Difficult to get free medical treatment promised by the government. Residents are in fact poor can not get free health care cards are capable of precisely those who get it. When he was dealing with health care in hospitals that have been designated to provide free medical expenses. All appointments have easy and without cost a penny to sound just a dream. It is undeniable that the people who can afford an advantage.The poor were the main focus in this paper. Since all acts of discrimination to their health as the main target.Difficult to get enough food nutrition, access to good drinking water, sanitation, shelter in a healthy environment and decent, and the condition of the work environment healthy and safe. The poor city slums always living area. Under bridges, near the regional landfill, riverbanks, and other suburbs is their place to raise a family.The disease will be easily attacked by the body of the poor because of the lack of nutrients that strengthen the immune system. Especially mothers and children who need special health services in the face of labor. But despite the "poor" who will undergo the process of labor does not get special attention. Because of the stigma of "poor" will always follow. The infant mortality rate more experienced poor families. As a result of all acts of discrimination they experienced as well as tend to be discriminatory on the fate of the poor.In addition to the poor, discrimination was also experienced by the different Able (difable) . Although there are many who do not realize that the construction of buildings with all existing public facilities giving trouble and the narrow space to difable . Currently the problem difable not be the full attention of the government. Because people are the main target of all the above problems.

    Faced with all the problems that there should be an effort to honor ( to respect ), protect ( to protect ) and satisfy ( to fulfil ) as the state's obligation to implement human rights norms on the right to health must meet the following principles:

    • Availability of health services

    Country through the government and their fittings have an obligation to eat it sejumlahpelayanan memiiki health for the whole population;
    • Ease of accessibility, health facilities, as well as goods and services

    Each benefits from health facilities and infrastructure should be accessible to tiaporang without discrimination. In every aspect of health care utilization are not discriminatory, affordable physical (including for difable ), economically affordable, and can be obtained by means of information seeking, receiving danatau disseminate information and ideas concerning health issues ( informed consent ).
    • Acceptance.

    Every health facilities and infrastructure, goods and services must dijalankandengan and medical ethics and culturally appropriate. Some things that can be used as an example is to respect kebudayaanindividu individuals, and local knowledge, as well as minorities. Also designed untukpenghormatan confidentiality of health status and health status improvement bagimereka in need.
    • Quality.

    Upon the acceptance of cultures living in the community. All health facilities, goods, and jasaharus based on science and medically fit with good quality.To answer any question that there are countries and every state forming elements have kewajibanuntuk fulfill the right to health, namely:
    • Respect for the right to health

    State to take preventive and repressive measures to refrain from taking steps yangberdampak negatively on health.Avoiding limitation measures access to health care, to avoid discrimination , tidakmenyembunyikan and / or misuse of health information that is important, do not accept international commitments without considering dampaknyaterhadap right to health, does not preclude the practice of medicine tradisionalyang safe, and do not distribute drugs that are not safe.Each individual in the running to claim its right to respect other people's rights. Obligations prior to their run. Since every collision that occurs between people is due and done by the community itself.
    • Protecting the right to health

    For those who run the government, the government on behalf of negaramenempuh step in legislasiataupun other measures ensuring equal access to jasakesehatan. Government through the legislature perform its functions by creating legislation to set standards and guidelines for making melindungitenaga work, society and the environment.Country through the board and other state apparatus provides protection for citizens to obtain health services. Often happens every clash between right and restriction requires concrete action to prevent the birth of concussion that would produce chaos .
    • Fulfill the right to health

    Pemerintahmenyediakansegala facilities and infrastructure with adequate health care, adequate food, and information related to kesehatan.Faktor sertapendidikan social influence on health also need to be met by providing gender equality, equal access to work, equal rights for children and adults mendapatkanidentitas health, and health education.Discrimination that are already attached to the poor and difable is not the time anymore to tilt. Not it's time again to open old wounds that have been dried. The best step now is introspection over past sins. Because if it had no immediate blame. So obviously all it was worth and deserves the blame. Society can not entirely blame the government and vice versa government can not blame the government. Since the two parties both have a role that can be run health law baik.Sebab basically, if you do not get a hand clap.Fulfillment of the right to health indicator is the progressive realization the availability and accessibility of health care facilities for all the possible reasonable time. [2] Discrimination in the implementation of Law no. 36 of 2009 on Health can run with the support of the community and government. So to eliminate the discrimination that all parties have an equally important role. Justice in health law is supported by the rule of law that has been set up on health.Next is the health benefits of it to be felt by all parties without exception. Implementation of the right to health must satisfy the principle of availability, accessibility, acceptability and quality.Society through the institutions formed themselves masyaraat dapatmelakukan monitoring and evaluating the implementation of health care. Because obviously any action that interferes with, making unjust, blocking, and the action is not indifferent to the implementation of health care is a human rights violation.


    A. Conclusion

    In the constitution and other laws and regulations have set a clear health-related matters. But in fact, in law inforcement is not in accordance with the provisions of any written law. There are still many problems in bring in the right to health as part of the right to life. So the right to health as part of that can not be separated from human rights to be realized by all parties. Primarily by the government as the party has a great responsibility on the gap between health and the poor.Discrimination in the implementation of Law no. 36 of 2009 on health is still going on in the community. But if no real action of the people themselves to carry out its obligations and does not prejudice the right of others to gain health. With automatic discrimination will not occur. The Government also if it really has a moral calling to provide welfare (health) to the people running the government system should primarily finances well. One reason for the occurrence of discrimination in the provision of health care (medication free) for the breakdown of funds to decrease health facilitators (hospitals and other health services).
    B. Saran
    All parties have the right and obligation of making sense as a part of his life. Rights to health as part of the right to live is right diganggugugat can not, under any circumstances. Perealisasian rights perealisasian one can not reduce the rights of the rich to get right lain.Golongan on health can not reduce the rights of the poor to get health services.To get the right to health is basically easy when everyone respect each other. Because it is a classic problem when there is a clash in getting their rights and obligations. When masyarakatmenjalankan prior obligations than rights would not happen chaos as in healthcare today. The government also should not just be a spectator because even those who have a greater responsibility in protecting the right to health manifestation goes well. If the system of government, especially the financial sector run well then of course every line diakari by economic problems will not occur. As well as discrimination in obtaining health services.


    Literature books
    Arikunto, Suharsimi and Jabar, CEPI Safrudin Abdul. , 2008. Evaluation of Educational Programs Theoretical Practical Guidelines for Students and Practitioners of Education (Second Edition). Earth LiteracySoekanto, Soerjono. , 2006. Sociology An Introduction . PT RajaGrafindo Persada. Jakarta.Soetami, Siti. , 2007. Tata Introduction Indonesian Law (Matter fifth). PT Refika Aditama. BandungWagiran and Doyin, Mukh. , 2009. Indonesian Introduction to Writing Scientific work (First Printing). Semarang State University. Semarang

    Papers, articles, and scientific papers
    Afandi, Dedi. , 2006. Right to Health in the perspective of human rights . Paper presented seminars KOMNASHAM-PWI in Palembang in South Sumatra, March 16, 2006Yuliati. , 2005. Juridical Studies Legal Protection for Patients in Law No. 29 of 2004 on Medical Practice Related to Malpractice . Research Report. UBYunanto. , 2009. Accountability Doctors in Therapeutic Transactions . Dissertation. Diponegoro University

    Constitutional Court. , 2011. law of the Republic of Indonesia in 1945, the Law of the Republic of Indonesia Number 24 of 2003 on the Constitutional Court, as amended by the Law of the Republic of Indonesia Number 8 of 2011 concerning amendments to the Law of the Republic of Indonesia No. 24 of 2003 concerning the Constitution .Jakarta: Secretariat-General and Registrar of the Constitutional CourtAct No. 36 of 2009 on Health
    [1] Afandi, Dedi. , 2006. Right to Health in the perspective of human rights . Paper presented seminars KOMNASHAM-PWI in Palembang in South Sumatra, March 16, 2006

    [2] Afandi, Dedi. , 2006. Right to Health in the perspective of human rights . Paper presented seminars KOMNASHAM-PWI in Palembang in South Sumatra, March 16, 2006
    Last edited by Naveed A Lodhi; 01-19-2013 at 07:15 PM.

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