Law Number 17 of 2023 concerning Health

Summary

Law Number 17 of 2023 concerning Health serves as the primary legal foundation for the implementation of health in Indonesia. This law regulates rights and obligations in the health sector, the responsibilities of the Central Government and Regional Governments, the implementation of health efforts, health services, health resources, maternal, infant, and child health, nutrition, school health, mental health, environmental health, and various other aspects within the national health system. This law asserts that health is a state of physical, mental, and social well-being, not merely the absence of disease, enabling everyone to live productively. The implementation of health is carried out based on principles including humanity, equity, protection and safety, respect for rights and obligations, justice, nondiscrimination, participation, integration, and the public interest. In the context of Early Childhood Education (PAUD), Law Number 17 of 2023 is highly important because it places maternal, infant, and child health as one of the main components of health efforts. This approach strengthens the relationship between health from pregnancy, birth, child growth and development, and the quality of early childhood development. This law also includes nutrition, mental health, family health, school health, environmental health, vision and hearing health, and dental and oral health as part of health efforts. This scope has a direct relationship with fulfilling children's essential needs in the implementation of Holistic Integrative PAUD. Primary health services are implemented in an integrated manner to meet health needs at every stage of life, improve health determinants, and strengthen individual, family, and community health. These services include promotive, preventive, curative, rehabilitative, and/or palliative efforts. The primary health service approach also positions families and communities as vital parts in improving health status. This law develops a primary health service network system that reaches the entire community. This network is based on administrative regions, educational units, workplaces, referral systems, and cross-sectoral collaboration, among others. These provisions provide the basis for strengthening collaboration between PAUD units, Community Health Centers (Puskesmas), local governments, families, and various community services in supporting children's health and growth and development. In the field of school health, Law Number 17 of 2023 affirms that school health is implemented to improve the healthy living capacity of learners, educators, and education personnel, as well as to create a healthy school environment. School health is implemented in formal and non-formal educational units through health education, health services, and the fostering of a healthy school environment. The implementation of school health is carried out through collaboration between educational units and first-level health service facilities. This provision is relevant for PAUD units in building cooperation with Puskesmas and other health facilities to support early detection, prevention of health problems, promotion of clean and healthy living behaviors, dental and oral health, nutrition, mental health, and monitoring of child growth and development. This law also affirms the responsibility of the Central Government and Regional Governments to plan, regulate, implement, foster, and supervise health efforts that are of high quality, safe, efficient, equitable, and affordable. The government is also responsible for providing health service facilities, health resources, health information and education, and a healthy environment for the community. For IKADPAUDI, Law Number 17 of 2023 is a strategic reference in the development of Holistic Integrative PAUD (PAUD-HI). This regulation can be used as a basis for studies, research, advocacy, policy development, and practices regarding early childhood health and nutrition, school health, growth and development, mental health, environmental health, primary health services, and strengthening partnerships between PAUD units, families, Puskesmas, and local governments. This law reinforces the paradigm that the quality of Early Childhood Education is determined not only by the learning process, but also by the integrated fulfillment of children's health, nutrition, protection, care, and well-being needs. Therefore, the Health Law is one of the important cross-sectoral regulations in the implementation of PAUD services that are holistic and centered on the best interests and optimal growth and development of children. Legal status note: Law Number 17 of 2023 is currently in force. This law simultaneously repeals a number of laws in the health sector, including Law Number 36 of 2009 concerning Health, Law Number 18 of 2014 concerning Mental Health, Law Number 36 of 2014 concerning Health Workers, Law Number 38 of 2014 concerning Nursing, Law Number 4 of 2019 concerning Midwifery, and several other health laws. A number of provisions of this law have also been the subject of judicial review at the Constitutional Court, so in its application, attention must be paid to relevant Constitutional Court decisions and the latest implementing regulations.