Stem Cell Cells in Health Services in Indonesia

Abstract

Health law in Indonesia has undergone significant transformation in facing the dynamics of community needs and global challenges. As a country committed to improving the health of its citizens, Indonesia has implemented various regulations covering aspects of health services, management of medical personnel, medical education, and disease control. However, the sectoral approach in previous regulations often resulted in overlapping authorities, different legal interpretations, and challenges in policy implementation. To address the need for legal harmonization in the health sector, the government has enacted Law of the Republic of Indonesia Number 17 of 2023 concerning Health
(hereinafter referred to as the Health Law) as a new foundation in the development of national health law. This study discusses how the implementation of Law Number 17 of 2023 concerning Health can strengthen the harmonization of the health legal system in Indonesia in overcoming overlapping regulations and improving the quality of national health services. This study was conducted using a normative legal approach method. This research has a conclusion that although the 2023 Health Law has great potential in strengthening the harmonization of the health legal system and improving the quality of services, its implementation is not free from challenges. Some of the main challenges include: Infrastructure and Human Resource Limitations: Many health facilities, especially in remote areas, still face limitations in infrastructure and adequate medical personnel to support the implementation of digital technology and health information systems; Resistance to Change: Some health workers and health institutions may show resistance to the changes stipulated in the 2023 Health Law, especially if they are not given a Stem cells stem cells are one of the breakthroughs in health science that has great potential in treating various diseases. Along with the development of technology, the use of stem cells also invites attention in the legal aspect. In this paper, we will discuss the legal analysis of stem cells based on legal theory, health law, Law of the Republic of Indonesia Number 17 of 2023 concerning Health, and the Regulation of the Minister of Health of the Republic of Indonesia. Stem cells are currently a trend in health services, so they have received attention from practitioners and the government, as was done by the Indonesian Food and Drug Supervisory Agency (BPOM) which inaugurated the Advanced Stem Cell Building. Cell Therapy- Production Laboratory (ACT- PLab) Phase I on Monday (11/12/2023) Located in the Kramat area, Central Jakarta, ACT- PLab is the first laboratory used for the processing of stem cells, cells, and their derivatives managed by PT Prodia. StemCell Indonesia (ProSTEM).
Stem cell services provide a philosophical basis for understanding the norms and principles governing the use of stem cells. This study discusses the Legal Status of Stem Cells in Health Services; How is Legal Protection for Patients in Stem Cell Health Services; and How is Criminal Liability for Negligence in Stem Cell Health Services. This study was conducted using a normative legal approach method. This study concludes that the legal study of legal status, legal protection, and criminal liability in stem cell-based health services emphasizes the importance of comprehensive regulation and effective law enforcement to create a safe, ethical, and fair service system. Law Number 17 of 2023 concerning Health, together with the Regulation of the Minister of Health Number 833/MENKES/PER/IX/2009, provides a strong legal basis for regulating the use of stem cell therapy, including standard service requirements, protection of patient rights through informed consent. consent , and sanctions for violations. Through the application of the theory of the rule of law, the state not only protects patient rights, but also ensures that technological innovations such as stem cell therapy can develop without ignoring ethical and safety principles. Enforcement of administrative, criminal, and ethical sanctions provides a deterrent effect for violators, while strict education and supervision strengthen public trust in health services. With a comprehensive approach, stem cell therapy can be a medical solution that provides great benefits to society, while upholding justice, legal certainty, and social responsibility. The author's suggestion in this study is to support the development and implementation of safe, ethical, and effective stem cell therapy, there are several steps that can be taken. First, the government needs to increase efforts to socialize and educate the public about the benefits, risks, and regulations related to stem cell therapy. This aims to improve public health literacy and prevent
misunderstandings or fraud that can harm patients. Second, supervision of health facilities that provide stem cell therapy services needs to be strengthened. Periodic inspections, quality audits, and monitoring of medical protocols must be carried out consistently by the Ministry of Health to ensure compliance with regulations. In addition, training for medical personnel related to stem cell therapy needs to be improved, both in terms of technical aspects and legal and ethical aspects, so that they are able to provide professional and responsible services. Third, the government can consider subsidies or health insurance schemes to ensure equal access to stem cell therapy, especially for the less fortunate. Thus, the benefits of this innovation can be felt by all levels of society without discrimination. Finally, collaboration between the government, academics, and the private sector in research and development of stem cell therapy needs to be expanded. This collaboration can accelerate innovation, ensure the use of safe technology, and support the implementation of best practices according to international standards. With a holistic approach, stem cell therapy can make a significant contribution to improving the quality of health services in Indonesia. Dequate training or socialization; Inter-agency Coordination: Harmonization of regulations requires close coordination between various government agencies, such as the Ministry of Health, BPJS Kesehatan, and local governments. Lack of coordination can hamper the implementation of regulations. The author's suggestion in this study is that this law can create the harmonization needed to improve efficiency, transparency, and quality of health services. However, the success of implementing this law depends on the ability of the government, health institutions, and the community to overcome existing challenges. With the right implementation strategy, the 2023 Health Law can be a solid foundation for a more equitable and quality national health system.