The Role of Indonesian Constitutional Court in Protecting the Rights to Health Security for Health Workers
- DOI
- 10.2991/assehr.k.211112.035How to use a DOI?
- Keywords
- The Indonesian constitutional court; health security; health worker; protection
- Abstract
As a state law that is bound to international treaties on the protection of human rights, Indonesia has regulated the protection of human rights in the 1945 Indonesian Constitution. The access to health and the rights to health security are two important part of human rights should be protected by the state. In the new normal era during the Covid-19 pandemic, the rights to health became a susceptible issue where many healthcare workers thought that the state had neglected their rights. Many healthcare workers died in battling the Covid-19 handling without further severe responses from the state. Concerning the pandemic handling in Indonesia, the primary regulation that should be referred to is Law Number 4 the year 1984 concerning Outbreaks of Infectious Disease and Law Number 6 the year 2018 Concerning Health Quarantine. It turns out there is a constitutional issue in the implementation of both regulations, especially the protection for healthcare workers as the front guard of the pandemic handling. This article wants to analyze how The Indonesian Constitutional Court plays its role in protecting the rights to health security through the Constitutional Court Verdict Number 36/PUU-XVIII/2020. This is normative research using a conceptual and comparative approach to elaborate the cases. The result will conclude that the protection of the rights to health security is not only guaranteed by the executive orders in a government but also by the Constitutional Court as a state body that has judicial authority.
- Copyright
- © 2021 The Authors. Published by Atlantis Press SARL.
- Open Access
- This is an open access article under the CC BY-NC license.
Cite this article
TY - CONF AU - Mery Christian Putri PY - 2021 DA - 2021/11/23 TI - The Role of Indonesian Constitutional Court in Protecting the Rights to Health Security for Health Workers BT - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021) PB - Atlantis Press SP - 272 EP - 279 SN - 2352-5398 UR - https://doi.org/10.2991/assehr.k.211112.035 DO - 10.2991/assehr.k.211112.035 ID - Putri2021 ER -