Legality of Traditional Health Service in Indonesia: Legal Pluralism Perspective

10.2478/bjlp-2022-002097

Abstract

The purpose of this research was to identify, analyse, and elaborate the regulation regarding traditional health service based on the prevailing law and regulations in Indonesia as well as the implementation of traditional health service in Bali in the perspective of legal pluralism. This was regulating legitimate investigation utilizing statutory approach, conceptual approach, and explanatory approach. The results of the study indicated that the regulation regarding the implementation of health service in Indonesia has been regulated in several regulations inter alia 1) Government Regulation No. 103 of 2014 concerning Traditional Health Services and 2) Regulation of Minister of Health of the Republic of Indonesia No. 17 of 2021 concerning Permits and Implementation of Intercontinental Traditional Health Worker Practices, which stipulates that the implementation of traditional health worker practices must have a permit in the form of STPT, STRTKT and SIPTKT, which according to the type of traditional health worker services provided. Regulations in the Bali Governor Regulation No. 55 of 2019 explicitly places the norms that apply in Balinese society, which are rooted in religion as the basis in the implementation of traditional medicine, which is a form of legal pluralism that is still acknowledge among the Balinese to this day