Implementation of Health Laws for Prisoners with Serious Infectious Diseases as an Effort to Fulfill the Right to Health According to Human Rights

Authors

  • Emmeninta Florence Surbakti Universitas Muhammadiyah Sumatera Utara

Keywords:

Health Law, Prisoners, Disease Infectious, Human Rights Human, Correctional

Abstract

Fulfillment of rights health for prisoners, especially those suffering disease infectious Seriously, it's one of them challenge big in system correctional and health Indonesian public. This study aim for analyze application law health in context correctional, with focus on suffering prisoners disease infectious serious as effort fulfillment right health according to human rights view Human (HAM). This study use approach juridical normative, via study literature and analysis document related regulation applicable legislation, incl Constitution Republic of Indonesia Number 39 of 1999 concerning Human Rights Human , Law Number 17 of 2023 concerning Health, as well studies cases and secondary data related condition health inmates in some institution correctional. Findings show exists gap significant between legal norms and practice in the field. Although regulation legislation has acknowledge and guarantee right health as part from human rights, implementation in institutions correctional Still face various obstacles, incl limitations source power, infrastructure does not adequate, as well lack of awareness and training for officer correctional and labor health. This study recommend enhancement allocation budget for health in institutions correctional, remedial infrastructure and facilities health, as well development of training programs for officers and personnel health. Additionally, it is required more cooperation tightly between the Ministry of Health, the Ministry of Law and Human Rights, as well as institution correctional for ensure effective implementation from law health for prisoner

References

"Health Behind Bars : A Study of Health Conditions of Prisoners in Indonesia." 2018. Report Public Health Foundation Research .

"Inter-Agency Cooperation in Fulfilling the Health Rights of Prisoners ." Analysis Health Policy 5, no. 2 (2019). Ali, Zainuddin. 2015. Legal Research Methods . 1st Edition , 6th Printing . Jakarta: Sinar Graphics .

Amendment to the 1945 Constitution to 4

CNN Indonesia. Prisoners ' Health HIV/AIDS Sufferers Neglected ." Accessed February 20 , 2024, from

https://www.cnnindonesia.com/nasional/20141127163757-20-14298/kesehatan-tanganan-penderita-hiv-

aids-terabaikan.

Constitution Number 39 of 1999 concerning Human Rights Man

Constitution Republic of Indonesia Number 12 of 1995 concerning Correctional

Constitution Republic of Indonesia Number 17 of 2023 concerning Health.

Constitution Republic of Indonesia Number 36 of 2009 concerning Health

Constitution Republic of Indonesia Number 39 of 1999 concerning Human Rights Man . Source LN. 1999/ No.

, TLN No. 3886, LL SETNEG: 29 P.L.

Hafidah , Amalia Rahma, Diana Lukitasari , and Ismunarno . 2020. " Implementation of Health Law for Prisoner

Sufferer Disease Infectious Dangerous as Forms of Fulfillment of the Right to Health Reviewed from Human Rights Perspective Human Rights (HAM)." Recidive 9(1): 34-42. Sebelas Maret University. Accessed from Jurnal.uns.ac.id.

Kompasiana . "When HIV Takes Action in Prisons ." Accessed February 23, 2024, from https://www.kompasiana.com/jepretpotret/5c29cd09bde5753de0745259/when-hiv-beraksi-di- lapas?page=all#sectionall.

Kurnia, Titon Slamet. 2007. The Right to Optimal Health as a Human Rights in Indonesia. Bandung: Alumni. Law (UU) Number 22 of 2022 concerning Corrections

Law Number 17 of 2023 concerning Health.

Novian Rully, et al . 2018. Strategies for Handling Overcrowding in Indonesia: Causes , Impacts and Solutions .

South Jakarta: ICJR. of Justice Decree Republic of Indonesia Number : M. 02-PK.04.10 of 1990 concerning

Development Patterns Prisoner / Detainee .

Regulation Government Republic of Indonesia Number 32 of 1999 concerning Conditions and Procedures for

Implementing the Rights of Inmates Correctional .

Simanjuntak, Thomas Wira Dharma and Irvan Sebastian Iskandar. 2023." Implementation Policy Health

Services for Prisoner Tuberculosis Sufferers in Correctional Institutions Narcotics Class II A Langkat ." Journal of Citizenship Education Undiksha 11(3). Accessed via https://ejournal.undiksha.ac.id/index.php/JJPP.

Sinlae , Ronny Adrianus. 2016. " Granting Rights to Health Services for Prisoners Suffering from Serious Illness in Correctional Institutions Regency Dompu." Faculty of Law, Atma Jaya University Yogyakarta.

Tempo.co. "Tuberculosis is a Health Problem in Prisons that Needs a Solution." Accessed February 23, 2024

Downloads

Published

2024-05-05

How to Cite

Emmeninta Florence Surbakti. (2024). Implementation of Health Laws for Prisoners with Serious Infectious Diseases as an Effort to Fulfill the Right to Health According to Human Rights. Proceedings : International Forum Research on Education, Social Sciences Technology and Humanities, 1(2), 76–81. Retrieved from https://journal.berpusi.co.id/index.php/POE/article/view/833