TANGGUNG JAWAB NEGARA TERHADAP JAMINAN PELAYANAN KESEHATAN DALAM PERSPEKTIF HAK ASASI MANUSIA

Abstract

Law Number 36 of 2009 concerning health indicates that every individual,
family and community has the right to obtain protection for their health, and the
state is responsible for regulating the fulfillment of the right to live healthily for
its inhabitants including for the poor who cannot afford it. Efforts to realize this
right, the government must provide health services that are equitable, fair and
affordable for all levels of society. For this reason, the government needs to make
efforts to ensure equitable access for all citizens to obtain health services. Article
52 of the Presidential Decree paragraph (1) letter r excludes the public from
receiving health services due to criminal acts of persecution, sexual violence,
victims of terrorism, and criminal acts of trafficking in persons.
This research will be compiled using the juridical normative type of
research, which is research that is focused on examining the application of norms
in positive law. The approach used in this research is to use a normative
approach, namely literature law research.
The results of the research conducted by the author are, first to find out
how legal protection and state responsibility in the context of protecting human
rights and to get the right to health services for the community is part of the
implementation of protection of human rights, then to know the legal ideas on
health rights. Citizens have the right to guarantee good health services, and
prioritize the safety or life of patients without first paying attention to the cause
and effect of why the victim becomes sick, and presidential regulations or other
government regulations do not make an exception to which victims have the right
to be accepted when they want to seek treatment.
Keywords: State Responsibility - Health Services