Act No. 36 Of 2014

Original Language Title: Undang-Undang Nomor 36 Tahun 2014

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GAZETTE RI No.5607 WELFARE STATE. Health workers. Implementation. Procurement. Reforms. (Elucidation of the Gazette of the Republic of Indonesia Year 2014 Number 298) EXPLANATION ON THE LAW OF THE REPUBLIC OF INDONESIA NUMBER 36 OF 2014 CONCERNING PUBLIC HEALTH I. Law on Health Workers is based on the premise that the preamble of the 1945 Constitution lists the ideals of the Indonesian nation at once an Indonesian national goal, which is to protect the entire Indonesian nation and the entire homeland of Indonesia and to promote the general welfare, educating the nation. One manifestation promote the general welfare is the Health Development aimed at increasing awareness, willingness and ability of healthy life for everyone to realize the degree of public health as high, as an investment for the development of human resources productive. Health is a human right, that is to say, everyone has the same right to access health services. The quality of health services safe, quality, affordable and also the rights of all the people of Indonesia. With the development of science and technology, in order to conduct health efforts should be supported by health resources, particularly adequate health personnel, both in terms of quality, quantity, or spread.

No.5607 2 Efforts fulfillment Medicals until now inadequate, both in terms of type, qualifications, number, or pendayagunaannya. Medicals development challenges facing today and in the future are: 1. The development and empowerment of health personnel can not meet the needs of health personnel for health development; 2. regulations to support the development efforts of health personnel is still limited; 3. The policy planning and program Medicals still weak; 4. kekurangserasian between needs and provision of various types of health personnel; 5. The quality of the education and training of health personnel in general are not sufficient; 6. Health Workers utilization, distribution and utilization of quality health personnel is still lacking; 7. The development and implementation patterns career development, reward systems, and sanctions have not been implemented as expected; 8. Continuous professional development is still limited; 9. development and quality control of health personnel can not be executed as expected; 10. The supporting resources development and empowerment of health personnel is still limited; 11. Health Personnel information system is not yet fully able to provide data and information that is accurate, reliable, and timely; 12. support and financial resources and other resources are not enough. In the face of these challenges, the needed strengthening of regulations to support the development and empowerment of health personnel through the acceleration of implementation, enhanced cooperation across sectors, and improved management in stages in the center and regions. Health Manpower requirements planning nationally tailored to needs based on health issues, the development needs of health development programs, as well as the availability of the Health Workers. Procurement of Health Workers

No.56073 organized in accordance with planning needs through education and training, both by Government, Local Government, and society, including the private sector. Utilization of Health Workers includes deployment Medicals equitable and fair, utilization of health personnel, and the development of health personnel, including career advancement. Development of Health Workers and quality control is primarily intended to improve the quality of health personnel in accordance with the expected competencies in support of health services for the entire population of Indonesia. Coaching and quality control Medicals done through increased commitment and coordination of all stakeholders in the development of health personnel as well as legislation which includes certification through competency testing, registration, licensing, and rights Health Workers. Strengthening the resources to support the development and empowerment of Medicals done through increasing the capacity of health personnel, health personnel information systems strengthening, as well as increased funding and other support facilities. In order to provide legal protection and legal certainty for Health Workers, both of which perform direct service to the public and indirect, and to society recipient of the service itself, needed a strong legal foundation that is in line with the development of science and technology in the field of health and socio-economic and cultural. II. ARTICLE BY ARTICLE Article 1 Self-explanatory. Article 2 Letter a What is meant by "principles of humanity" is that health personnel arrangements must be based on humanity based on Almighty God with no distinction of race, nation, religion, social status, race and did not distinguish between the treatment of women and laki- male.

No.5607 4 Letter b The meaning of "benefit principle" is that the setting of Health Workers should benefit as much as possible for kemanausiaan and healthy livelihood for everyone. Letter c What is meant by "the principle of equity" is that the Health Workers arrangement intended to provide health services that are accessible by all walks of life to achieve the degree of public health as high. Letter d What is meant by "the principles of ethics and professionalism" is that the setting of health personnel should be able to reach and improve the professionalism of Health Workers in running practices and have professional ethics and professional attitude. Letter e What is meant by "the principle of respect for the rights and obligations" is that the setting of Health Workers should aim to respect the rights and responsibilities of the public as a form of legal equality. Letter f The meaning of "fairness" is that the setting of Health Workers should be able to provide services fairly and equitably to all walks of life with affordable financing. Letter g What is meant by "the principle of devotion" is that setting Medicals Medicals directed to prioritize the interests of health services to the public rather than private interests. Letter h What is meant by "the principle of religious norms" is that setting health personnel must observe and respect and do not distinguish between the religious affiliations of the people. Letter e. , ,

No.56075 Letter i What is meant by "protection principle" is that the setting of Health Workers must provide the maximum protection for health workers and the public. Article 3 Self-explanatory. Article 4 Self-explanatory. Article 5 Self-explanatory. Article 6 Self-explanatory. Article 7 Self-explanatory. Article 8 Letter a Self-explanatory. Letter b What is meant by "Assistant Health Workers" are workers who have qualified under the Diploma in health and work in the health sector. Article 9 Self-explanatory. Article 10 Self-explanatory. Article 11 Paragraph (1) Letter a Self-explanatory. Letter b Self-explanatory.

No.5607 6 Letter c Self-explanatory. Letter d Self-explanatory. Letter e Self-explanatory. Letter f Self-explanatory. Letter g Self-explanatory. Letter h Self-explanatory. Letter i Self-explanatory. Letter j Self-explanatory. Letter k Self-explanatory. Letter l traditional health workers who belong to the Medicals is that already have a body of knowledge, formal education equivalent minimum Diploma and work in the field of indigenous health. Letter m Sufficiently clear. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Type of nurses, among others, public health nurses, child health nurses, maternity nurses, medical-surgical nursing, geriatric nurses, and mental health nurse.

No.56077 Paragraph (5) Self-explanatory. Paragraph (6) Personnel includes undergraduate pharmacy pharmaceutical technical, associate expert pharmacy and pharmaceutical analyst. Paragraph (7) Self-explanatory. Paragraph (8) Self-explanatory. Paragraph (9) Self-explanatory. Paragraph (10) Self-explanatory. Paragraph (11) Self-explanatory. Paragraph (12) Self-explanatory. Paragraph (13) Self-explanatory. Paragraph (14) Self-explanatory. Article 12 Self-explanatory. Article 13 Self-explanatory. Article 14 Paragraph (1) Self-explanatory. Paragraph (2) Referred to as "prepared in stages" is planning starts from Health Care Facility, the Government of the district / city, provincial local government, up to the national government.

No.5607 8 Paragraph (3) Mapping of Health Workers is intended to meet community needs to do by way of data collection, assessment, or other means. Article 15 Self-explanatory. Article 16 Self-explanatory. Article 17 Self-explanatory. Article 18 Paragraph (1) Permit covers permit the establishment of new educational institutions, additional courses, and new courses. Paragraph (2) Self-explanatory. Paragraph (3) The term "technical assistance" is the technical coaching profession to achieve professional standards or standards of competency based curriculum in the educational process. Paragraph (4) The term "academic training" among others, granting the operating license, curriculum, internal quality assurance systems, and accreditation. Paragraph (5) Coordination in the preparation of the educational curriculum Medicals Medicals intended to be able to exercise its authority in accordance with the science and technology needed. Paragraph (6) Self-explanatory. Article 19 Self-explanatory.

No.56079 Article 20 Self-explanatory. Article 21 Self-explanatory. Article 22 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Aspects of equalization is an attempt Medicals distribution according to needs through recruitment, selection, and placement. Aspects of the use of an empowerment process Medicals in accordance with the competence and authority. Aspects of the development of a process for development of the health of multidisciplinary and thematic and cross-program to smooth and improve the quality of Health Workers. Article 23 Paragraph (1) Placement of Health intended to utilize the Health Workers in the required areas, especially remote areas, disadvantaged, border and island areas, as well as the problematic areas of health. Paragraph (2) Letter a Self-explanatory. Letter b Self-explanatory. Special Assignment Letter c is specifically utilization of health personnel in a given period of time in order to improve access and quality of health services in health care facilities in

No.5607 10 disadvantaged areas, border and island areas, problematic areas of health, as well as hospitals class C or class D in districts / cities that require the specialty medical services and meet the needs of health care by health personnel. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Paragraph (6) Self-explanatory. Article 24 Paragraph (1) Self-explanatory. Paragraph (2) Selection as referred to in this paragraph is done by considering various factors so that the health personnel can provide benefits to the community and can develop in accordance with the progress of science and technology. These factors include: a. geographical conditions, including remote areas, very remote, underdeveloped regions, is not desirable, as well as border and island areas; b. health / disease patterns; c. infrastructure, facilities, and infrastructure available; d. the ratio of the area of ​​Health Workers; e. conflict or disaster-prone areas; f. local public health development index; g. local fiscal capacity; and h. long service in the placement area. Article 25 Self-explanatory.

No.560711 Article 26 Self-explanatory. Article 27 Paragraph (1) Self-explanatory. Paragraph (2) What is meant by "protection in the execution of duty" is the protection of the health personnel in the form of security, safety, and occupational health in carrying out their duties. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 28 Self-explanatory. Article 29 Self-explanatory. Article 30 Paragraph (1) Government, Local Government, and the private sector to develop and implement a career patterns Medicals done transparently and openly. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 31 Paragraph (1) Self-explanatory. Paragraph (2) there is a component in a training curriculum, coaches, participants, and organizers that each must meet certain standards.

No.5607 12 Paragraph (3) Self-explanatory. Article 32 Self-explanatory. Article 33 Self-explanatory. Article 34 Self-explanatory. Article 35 Self-explanatory. Article 36 Self-explanatory. Article 37 Paragraph (1) Function setting is the setting in technical fields of professions. Paragraph (2) Self-explanatory. Article 38 Self-explanatory. Article 39 Self-explanatory. Article 40 Paragraph (1) Self-explanatory. Paragraph (2) Letter a Self-explanatory. Letter b Self-explanatory. Letter c Self-explanatory.

No.560713 Letter d Self-explanatory. Letter e Self-explanatory. Letter f community leader is anyone who has a reputation and a concern for health. Article 41 Self-explanatory. Article 42 Self-explanatory. Article 43 Self-explanatory. Article 44 Self-explanatory. Article 45 Self-explanatory. Article 46 Self-explanatory. Article 47 Self-explanatory. Article 48 Self-explanatory. Article 49 Self-explanatory. Article 50 Self-explanatory. Article 51 Self-explanatory. Article 52 Self-explanatory.

No.5607 14 Article 53 Self-explanatory. Article 54 Paragraph (1) Self-explanatory. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) What is meant by "laws and regulations" which include the provisions of the legislation in the field of labor and immigration. Article 55 Self-explanatory. Article 56 Self-explanatory. Article 57. Article 58 Self-explanatory. Article 59 Self-explanatory. Article 60 Self-explanatory. Article 61 Practice of Health Workers carried out with an agreement based on trust relationships between Health Workers and Recipients of Health Services in the form of maximum effort (inspanningsverbintenis) health maintenance, disease prevention, health enhancement, disease treatment, and

No.560715 health recovery in accordance with the Standards of Professional Services, Professional Standards, Standard Operating Procedures, and health needs Recipients of Health Services. Article 62 Paragraph (1) Referred to as "the authority based on competence" is the authority to conduct health services independently in accordance with the scope and level of competence, among others: a. pharmacists have the authority to do the work of pharmacy; b. nurses have the authority to independently perform nursing care and comprehensive measures nursing collaboration with other health personnel in accordance with their qualifications; or c. midwives have the authority to make maternal health services, child health care, and women's reproductive health services and family planning. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Article 63 Paragraph (1) What is meant by "certain circumstances" is a condition in the absence of health personnel who have the authority to take the actions needed health services and are not possible to be referred. Health personnel who can provide services outside its authority, among other things: a. nurse or midwife who provides medical care and / or pharmacy within certain limits; or b. pharmaceutical technical personnel who provide pharmaceutical services under the authority of pharmacists within certain limits.

No.5607 16 Paragraph (2) Self-explanatory. Article 64 Self-explanatory. Article 65 Paragraph (1) Referred to Health Workers in this provision, among others, are nurses, midwives, anesthesia stylists, physical keterapian personnel, and medical keteknisian. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Article 66 Self-explanatory. Article 67 Self-explanatory. Article 68 Paragraph (1) In principle, entitled to give consent is a recipient of health care is concerned. If the recipient is not competent health services or are under guardianship (under curatele), the approval or denial of health care measures can be provided by the immediate family, including husband / wife, father / biological mother, biological children, or siblings who have grown up. In a state of emergency, to save lives Health Care Recipients, no approval is needed. However, after the Health Care Receiver unconscious or in a state that already allows immediately given an explanation. In the case of Health Care Recipients are children or people who are not aware, the explanation given to

No.560717 family or guardian. If no escort and no family, and health care measures should be given, the explanation given to the child in question or on the first occasion when the Recipient of Health Services has been unconscious. Paragraph (2) Self-explanatory. Paragraph (3) Self-explanatory. Paragraph (4) Self-explanatory. Paragraph (5) Self-explanatory. Paragraph (6) Self-explanatory. Article 69 Paragraph (1) Self-explanatory. Paragraph (2) The term "government program" is a program that is mandatory to be implemented, such as immunization and other efforts to prevent and control infectious diseases, as well as disaster management, including plague and extraordinary events as well as the surveillance activities. Paragraph (3) Self-explanatory. Article 70 Self-explanatory. Article 71 Self-explanatory. Article 72 Self-explanatory. Article 73 Self-explanatory.

No.5607 18 Article 74 Self-explanatory. Article 75 Self-explanatory. Article 76 Self-explanatory. Article 77 Self-explanatory. Article 78 Self-explanatory. Article 79 Self-explanatory. Article 80 Self-explanatory. Article 81 Self-explanatory. Article 82 Self-explanatory. Article 83 Self-explanatory. Article 84 Self-explanatory. Article 85 Self-explanatory. Article 86 Self-explanatory. Article 87 Self-explanatory. Article 88 Self-explanatory. Article 89 Self-explanatory.

No.560719 Article 90 Self-explanatory. Article 91 Self-explanatory. Article 92 Self-explanatory. Article 93 Self-explanatory. Article 94 Self-explanatory. Article 95 Self-explanatory. Article 96 Self-explanatory.