LAW OF THE REPUBLIC OF INDONESIA

NO. 23/1992
CONCERNING
HEALTH

BY GRACE OF THE GOD ALMIGHTY

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering :

a. that health as one of the elements of public welfare shall be realized in accordance with
the aspiration of the Indonesian nation as meant in the Preamble of the 1945 constitution
through sustainable development based on Pancasila and the 1945 constitution;
b. that the development of the health sector is directed towards the promotion of health
degree, which contributes a lot to the development and promotion of Indonesian human
resources and which serves as capital for the implementation of national development
which is actually the development of Indonesian complete human beings and the
development of the Indonesian community as a whole;
c. that by taking into consideration the role of the health sector above, equal efforts shall
be made to increase health degree and to promote health efforts wholly and integratedly;
d. that within the framework of promoting the public health degree as referred to in points
b and c, several health laws are considered to have been no longer in keeping with the
need and demand of health development;
e. That in conjuction with the matters above it is necessary to lay down a health law.

In view of:

article 5 paragraph (1) and article 20 paragraph (1) of the 1945 constitution;

With the approval of

THE HOUSE OF REPRESENTATIVES OF THE REPUBLIC OF INDONESIA

DECIDES:

To stipulate:

THE LAW ON HEALTH

CHAPTER I
GENERAL PROVISIONS

Article 1
Hereinafter referred to as :

1. Health shall be the condition of material, spiritual and social welfare which enable
everyone to lead socially and economically productive alive.

2. Health effort shall be any activity carried out by the government and on the public to
maintain and improve health.

3. Health Official shall be anyone who devotes himself/herself to the health sector and who
has knowledge and or skill obtained through health education which for certain types
requires authority to implement health efforts.

4. Health facilities shall be the place used to implement health efforts.

5. Transplantation shall be a series of medical acts to remove human organs and or body
tissues from another person and or within his/her own body in the framework of treatment to
replace the organs and or body tissues which do not function well.

6. Implant shall be the material in the form of medicines and or health devices implanted in
the body issuers in order to maintain health, prevent and cure diseases, return to a state of
health, and or cosmetics.

7. Traditional therapy shall be the therapy and or treatment by a means of medicines, of

which treatments refers to the experiences and skills passed from one generation to the other,
and is applied according to the norms prevailing in the community.

8. Dimensional health shall be the health efforts made to improve physical and mental
capability to adjust oneself to the environment which changes significantly, either the land,
air space on water environment.

9. Pharmaceutical preparations shall be medicines, medicinal ingredients, traditional

medicines, and cosmetics.

10. Traditional medicines shall be ingredients or the mixtures of ingredients in the form of
plant ingredients, animal ingredients, mineral ingredients, galenical preparations or the
mixtures of ingredients used for treatment from one generation to the other on the basis of
experiences.

11. Health devices shall be instrument, apparatus, implant machine not containing medicines
used to prevent, diagnose, care and relax diseases, treat sick persons, rehabilitate person's
health and of from the structure of body as well as improve the function of body.

12. Addictive substance shall be ingredients of which usage might cause psychical
dependence.
 13. Pharmaceutical work shall be the act of making something, including the quality control
of pharmaceutical preparations, the act of safeguarding the procurement, storage and
distribution of medicines, the management of medicines, the act of serving medicines with a
prescription and information on medicines as well as the development of medicines,
medicinal ingredients and traditional medicines.

14. Health supplies shall be all ingredients and devices required to conduct health efforts.

15. Public health maintenance guarantee shall be a method of maintaining complete health on
the basis of the principles of sustainable cooperation and collective effort with guaranteed
quality and pre-effort financing.

CHAPTER II
PRINCIPLE AND OBJECTIVE

Article 2

The development of health shall be based on the principle of humanitarianism with regard to the
aspects of the God Almighty, benefit, cooperation, collective effort, just, equity, balanced life
and self-reliance.

Article 3

The development of health shall aim at promoting the awareness, desire and capability of each
individual to lead healthy alive in order to create optimum public health degree.

CHAPTER III
RIGHT AND OBLIGATION

Article 4

Every individual shall have the same right to obtain optimum health degree.

Article 5

Every individual shall participate in maintaining and improving the health degree of individuals,
families and the environment.

CHAPTER IV
TASK AND RESPONSIBILITY

Article 6

The government shall have the task of regulating, developing and supervising the
implementation of health efforts.
Article 7

The government shall have the task of implementing equitable health efforts which are within the
reach of the public.

Article 8

The government shall have the task of motivating the public to take part in implementing and
financing health efforts by observing their social function to enable economically weak people to
enjoy health services.

Article 9

The government shall be responsible for the promotion of public health degree.

CHAPTER V
HEALTH EFFORTS

Part One
General

Article 10

To enable the public to enjoy optimum health degree, health efforts shall he made through health
maintenance approaches, health promotion, preventive act, curative act and health rehabilitation
in a comprehensive, integrated and sustainable manner.

Article 11

(1) The health efforts as referred to in Article 10 shall be implemented through the following
activities:

a. family health;

b. nutrition improvement;

c. food and drink security;

d. environmental health;

e. occupational health;

f. mental health;

g. disease control;
 h. the cure of disease and the rehabilitation of health.;

i. public health counseling;

j. the protection of pharmaceutical preparations and health devices;

k. the protection of addictive substances;

l. school health;

m. sport health;

n. traditional therapy;

o. dimensional health.

(2) The implementation of the health efforts as referred to in paragraph (1) shall be supported by
health resources.

Part Two
Family Health

Article 12

(1) Family health shall be implemented to create healthy, small, happy and prosperous families.

(2) The family health as referred to in paragraph (1) shall include parents', children's and other
family members health.

Article 13

The parents health shall give a priority to birth control to create a healthy and harmonious
family.

Article 14

Wives' health shall cover the period of pre-pregnancy, pregnancy, labor, outside pregnancy and
outside labor.

Article 15

(1) Certain medical steps shall be taken in the state of emergency as part of an effort to save
pregnant women and their fetus.

(2) The medical steps as referred to in paragraph (1) shall be taken only:
 a. on the basis of medical indications which force health officers to take such steps;

b. by health officers who have expertise and obligation to do so in accordance with the
professional responsibility and consideration of a team of experts;

c. with an approval from the pregnant woman concerned, or her husband or other family
members;

d. by the use of certain health facilities.

(3) Further provisions on certain medical steps as referred to in paragraphs (1) and (2) shall be
stipulated by a Government Regulation.

Article 16

(1) Artificial conception shall be a last resort to help couples give births.

(2) Only legal couples shall be allowed to have artificial conception as referred to in paragraph
(1) on the condition that :

a. it constitutes the fertilization of the sperm and ovum of the couple concerned which is
implanted in the uterus of the wife who generates the ovum;

b. it is conducted by health officers who have expertise and obligation to do so;

c. it is conducted by the use of certain health facilities.

(3) The requirement for artificial conception as referred to in paragraphs (1) and (2) shall be
stipulated by a Government Regulation.

Article 17

(1) Child health shall aim at creating child growth and development.

(2) The child health as referred to in paragraph (1) shall be realized through the promotion of
child health in the womb of time, at the age of five years, and at a time of pre-school age as well
as school age.

Article 18

(1) Every family shall develop its own family health.

(2) The government shall help implement and develop family health by providing physical
facilities and infrastructures or by carrying out activities to support family health.

Article 19
(1) The development of old age people's health shall be directed towards the maintenance and
promotion of their health and capacity to constantly make them productive.

(2) The government shall help the development of old age people's health to promote the quality
of their life to the optimum.

Part Three
Nutrition Improvement

Article 20

(1) The improvement of nutrition shall aim at creating the fulfillment of nutrition need.

(2) The improvement of nutrition shall include improving nutrition status and quality, preventing
and curing diseases and rehabilitating health because of malnutrition.

(2) Each food and drink package shall have a sign or label attached, containing:

a. ingredients used;

b. composition of each ingredient;

c. expiration date, month and year;

d. other provisions.

(3) The food and drink which fail to fulfill the provisions on health standard and or requirements,
and or which hazard health as referred to in paragraph (1) shall be banned from circulation,
withdrawn from circulation and confiscated to be destroyed pursuant to provisions in the law in
force.

(4) Provisions on the food and drink security as referred to in paragraphs (1), (2) and (3) shall be
stipulated by a Government Regulation.

Part Four
Food and Drink Security

Article 21

(1) Food and drink security shall aim at preventing the public from consuming food and
drink which do not fulfill provisions on health standard and or requirements.
 Part Five
Environmental Health

Article 22

(1) Environmental health shall aim at creating the healthy environment.

(2) Environmental health shall be implemented at public places, residential areas, work places,
public transport and other places.

(3) Environmental health shall include activities to make water and air healthy, activities to keep
solid waste, liquid waste, gas waste, radiation and noise from causing danger, activities to
prevent disease vectors and other activities.

Part Six
Occupational Health

Article 23

(1) Occupational health shall aim at creating optimum work productivity.

(2) Occupational health shall include the provision of work health services, the prevention of
work-related diseases, the requirement of occupational health.

(3) Every work place shall provide occupational health services.

(4) Provisions on the occupational health as referred to in paragraphs (2) and (3) shall be
stipulated by a Government Regulation.

Part Seven
Mental Health

Article 24

(1) Mental health shall aim at creating optimum mental health, either intellectually or
emotionally.

(2) Mental health shall include maintaining and promoting mental health, preventing and
controlling psychosocial problems and mental disturbances, curing and rehabilitating the
mentally handicapped.

(3) Individuals, families, schools, work place managements and communities shall be entrusted
to the promotion of mental health by using mental health facilities and other facilities.
Article 25

(1) The government shall cure, treat and rehabilitate the mentally handicapped and return them to
the community after undergoing curative treatment and or treatment.

(2) The government shall motivate, help, and develop public activities to prevent and control
psychosocial problems and mental disturbances, cure, treat and rehabilitate the mentally
handicapped as well as return the former mentally handicapped to the community.

Article 26

(1) The mentally handicapped who may disturb low and order shall be cured and treated at
mental health facilities or other health facilities.

(2) The mentally handicapped shall receive curative treatment and treatment at the request of the
husband or the wife or the guardian or members of the mentally handicapped's family or at the
initiative of the lo cal official responsible for law and order or the judge of a court if in a lawsuit
the party concerned is suspected of being mentally ill.

Article 27

Provisions on mental health and efforts to deal with it shall be stipulated by a Government
Regulation.

Part Eight
Disease Control

Article 28

(1) Disease control shall aim at lowering the illness rate and or the morality rate.

(2) Contagious diseases and incontagious diseases shall be the target of disease control.

(3) The control of contagious diseases or diseases which may cause high illness rate and or
mortality rate shall be conducted as early as possible.

Article 29

The control of incontagious diseases shall aim at preventing and reducing diseases by improving
and changing the behavior of the public and through other ways.

Article 30

The control of contagious diseases shall be conducted through counseling, examination,

immunization, efforts to get rid of sources and agents of diseases, quarantine, and other efforts.
Article 31

The control of contagious diseases which may lead to an epidemic and quarantine disease shall
be conducted pursuant to provisions in the law in force.

Part Nine
The Cure of Disease and the Rehabilitation of Health

Article 32

(1) The cure of disease and the rehabilitation of health shall be conducted to return health status
due to disease and the function of body due to handicap to a normal state and to leave out
handicap.

(2) The cure of disease and the rehabilitation of health shall be conducted with therapy and or
treatment.

(3) Therapy and or treatment shall be conducted on the basis of medicine and the science of
nursing or other accountable methods.

(4) The therapy and or treatment which are based on medicine or the science of nursing shall
only be conducted by the health officers who have expertise and authority to do so.

(5) The government shall develop and supervise the implementation of therapy and or treatment
which is based on other accountable methods.

Article 33

(1) in curing disease and rehabilitating health, it shall be allowed to transplant organs and or
body tissues, transfuse blood, implant medicines and or health devices, and perform plastic
surgeries and reconstructions.

(2) The transplantation of organs and or body tissues and blood transfusion as referred to in
paragraph (1) shall be done for the interest of humanity instead of commerce.

Article 34

(1) The transplantation of organs and or body tissues shall only be done by the health officers
who have expertise and authority to do so by using certain health facilities.

(2) The removal of an organ and or body tissue from a donor shall take account of the health
condition of the related donor and obtain an approval from the donor or the heirs or the family
members.
(3) Provisions on the requirements and procedures for the transplantation as referred to in
paragraphs (1), and (2) shall be stipulated by a Government Regulation.

Article 35

(1) Blood transfusion shall only be done by the health officers who have expertise and authority
to do so.

(2) Provisions on the requirements and procedures for blood transfusion as referred to in
paragraph (1) shall be stipulated by a Government Regulation.

Article 36

(1) Implanting medicines and health devices in the body of people shall only be done by the
health officers who have expertise and authority to do so at a certain health facilities.

(2) Provisions on the requirements and procedures for implanting medicines and or health
devices in the body of people as referred to in paragraph (1) shall be stipulated by a Government
Regulation.

Article 37

(1) Plastic surgeries and reconstructions shall only be performed by the health officers who have
expertise and authority to do so at certain health facilities.

(2) Plastic surgeries and reconstructions shall not be in contradiction to the norms prevailing in
the community.

(3) Provisions on the requirements and procedures for plastic surgeries and reconstructions as
referred to in paragraphs (1) and (2) shall be stipulated by a Government Regulation.

Part Ten
Public Health Counseling

Article 38

(1) Public health counseling shall be implemented to promote their knowledge, awareness, desire
and capability to lead healthy alive and to make them play an active role in health efforts.

(2) Provisions on public health counseling as referred to in paragraph (1) shall be stipulated by a
Government Regulation.
 Part Eleven
Protection of Pharmaceutical Preparations and Health Devices
Article 39

The protection of Pharmaceutical preparations and health devices shall protect the public against
danger as a result of the use of pharmaceutical preparations and health devices which do not
fulfill the requirements of quality and or safety or advantage

Article 40

(1) Pharmaceutical preparations which are in the form of medicinal drugs and the ingredients of
drugs shall fulfill the requirements of the Indonesian pharmacopoeia and or other- standard
books.

(2) Pharmaceutical preparations which are in the form of traditional medicines and cosmetics as
well as health devices shall fulfill the given standard and requirement.

(3) The government shall be authorized to revoke circulation permits and order the withdrawal
from circulation of the pharmaceutical preparations and health devices which have obtained a
circulation permit but failed to fulfill the requirements of quality and or safety or advantage, and
confiscate and destroy them pursuant to provisions in the law in force.

Article 41

(1) Pharmaceutical preparations and health devices shall only be circulated after obtaining a
circulation permit.

(2) The marking of and information on pharmaceutical preparations and health devices shall
fulfill the requirements of objectivity and completeness and shall not be misleading.

Article 42

Activities concerning the protection of pharmaceutical preparations and health devices shall be
stipulated by a Government Regulation

Part Twelve
Protection of Addictive substances

Article 44

(1) The protection of the use of materials containing addictive substances shall be directed
towards the prevention of the health of individuals, families, communities and their environment.
(2) The production, circulation and use of materials containing addictive substances shall fulfill
the, general standard and or requirement already stipulated.

(3) Provisions on the protection of materials containing addictive substances as referred to in

paragraphs (1) and (2) shall be stipulated by a Government Regulation.

Part Thirteen
School Health

Article 45

(1) School health shall aim at promoting educationees' capability to lead healthy alive in the
healthy environment, so that they can study, grow and develop harmoniously and optimally to
become human resources of high quality.

(2) The school health as referred to in paragraph (1) shall be realized through schools or other
educational institutes.

(3) Provisions on school health as referred to in paragraphs (1) and (2) shall be stipulated by a
Government Regulation.

Part Fourteen
Sport Health

Article 46

(1) Sport health shall aim at maintaining and improving health through physical exercises.

(2) The sport health as referred to in paragraph (1) shall be realized at sport facilities or other
facilities

(3) Provisions on the sport health as referred to in paragraphs (1) and (2) shall be stipulated by a
Government Regulation.

Part Fifteen
Traditional Therapy

Article 47

(1) Traditional Therapy shall be another way of therapy and or treatment outside medical science
and the science of nursing.

(2) The traditional therapy as referred to in paragraph (1) shall be developed and controlled to
make it another way of therapy and or treatment of which advantage and safety can be accounted
for.
(3) The traditional therapy of which advantage and safety can already be accounted for shall be
continuously improved and developed to create the optimum health degree of the public.

(4) Provisions on the traditional therapy as referred to in paragraphs (2) and (3) shall be
stipulated by a Government Regulation.

Part Sixteen
Dimensional Health

Article 48

(1) As a special form of health effort, dimensional health shall be implemented to create an
optimum health degree in the dimensional environment which always changes.

(2) Dimensional health shall include field health, marine health and underwater health as well as
aerospace health.

(3) Provisions on the dimensional health as referred to in paragraphs (1) and (2) shall be
stipulated by a Government Regulation.

CHAPTER VI
HEALTH RESOURCES

Part One
General

Article 49

Health resources shall be all hardware and software used to support the implementation of health
efforts, including:

a. health officers;

b. health facilities;

c. health supplies;

d. health financing;

e. management of health;

f. research and development of health.

 Part Two
Health Officers

Article 50

(1) Health officers shall carry out health activities according to their respective fields of expertise
and authority.

(2) Provisions on the category, type and qualifications of health officers shall be stipulated by a
Government Regulation.

Article 51

(1) The government and or the public shall organize training and education courses as part of
efforts to train health officers to meet the demand for such officers.

(2) Further provisions on the organization of training and education courses for health officers
shall be stipulated pursuant to the law in force.

Article 52

(1) The government shall regulate the placement of health officers within the framework of the
equitable distribution of health services.

(2) Provisions on the placement of health officers as referred to in paragraph (1) shall be
stipulated by a Government Regulation.

Article 53

(1) Health officers shall be entitled to legal protection pursuant to their profession while carrying
out their task.

(2) In carrying out their task, health officers shall comply with the professional standard and pay
respect to patients' rights.

(3) For the purpose of authentication, health officers shall perform medical actions on an
individual by paying attention to the health and safety of the individual concerned.

(4) Provisions on the professional standard and patients' rights as referred to in paragraph (2)
shall be stipulated by a Government Regulation.

Article 54

(1) Health officers who make mistakes or do acts of negligence while carrying out their task shall
be subject to disciplinary measures.
(2) The council for Health Officers' Discipline shall ascertain whether the health officers make
mistakes or do acts of negligence as referred to in paragraph (1).

(3) Provisions on the establishment, task, function, and working system of the Council for Health
Officers' Discipline shall be stipulated by a Government Regulation.

Article 55

(1) Every individual shall be entitled to compensations because of health officers' mistakes or
acts of negligence.

(2) The compensations as referred to in paragraph (1) shall be given pursuant to the law in force.

Part Three
Health Facilities

Article 56

(1) Health facilities shall include medical clinic, public health service centre, general hospital,
special hospital, doctor practice, dentist practice, medical specialist practice, dental specialist
practice, midwife practice, drug store, dispensary, pharmaceutical preparation wholesaler,
medicine and medicinal material manufacturer, laboratory, medical school and college, health
training centre, and other health facilities,

(2) The health facilities as referred to in paragraph (1) shall be made available by the government
and or the public.

Article 57

(1) Health facilities shall function as a means to realize basic health efforts or reference health
efforts and or supporting health efforts.

(2) Health facilities shall constantly take account of social functions in realizing the activities as
referred to in paragraph (1).

(3) Health facilities shall also be used for the interests of education and training as well as
research and development of science and technology in the field of health.

Article 58

(1) Certain health facilities which are managed by the public shall be in the form of corporate
body.

(2) Certain health facilities as referred to in paragraph (1) shall be stipulated by a Government
Regulation.
Article 59

(1) All parties who are engaged in health facilities shall hold a permit.

(2) Permits to manage health facilities shall be granted by taking account of the equitable
distribution and quality improvement of health services.

(3) Provisions on the requirements and procedures for obtaining permits to manage health
facilities shall be stipulated by a Government Regulation.

Part Four
Health Supplies

Article 60

Health supplies used to realize health efforts shall include pharmaceutical preparations, health
devices, and other supplies.

Article 61

(1) Health supplies shall be managed to meet the demand for pharmaceutical preparations and
health devices as well as other supplies which are within the reach of the public.

(2) Health supplies in the form of pharmaceutical preparations and health devices shall be
managed by taking account of the fulfillment of demands, advantage, prices, and factors relating
to the equitable provision of health supplies.

(3) The government shall help provide health supplies which according to considerations are
needed by health facilities.

Article 62

(1) The procurement and use of pharmaceutical preparations and health devices shall be directed
towards the utilization of the national potentials by paying attention to the conservation of the
environment, including natural and socio-cultural resources.

(2) Pharmaceutical preparations and health devices shall be produced through a valid and
accurate production method which fulfils the requirements of the Indonesian pharmacopoeia or
other standard books and or other specified requirements.

(3) The government shall encourage, develop, and direct the utilization of traditional medicines
which can be accounted for to create an optimum health degree.
Article 63

(1) The pharmaceutical task of procuring, producing, distributing and supplying pharmaceutical
preparations shall only be carried out by health officers who have expertise and authority to do
so.

(2) Provisions on the pharmaceutical task as referred to in paragraph (1) shall be stipulated by a
Government Regulation.

Article 64

Provisions on health supplies shall be stipulated by a Government Regulation.

Part Five
Health Financing

Article 65

(1) The government and or the public shall finance the implementation of health efforts.

(2) The government shall help the public implement health efforts, especially for those
susceptible to illness pursuant to the law in force.

Article 66

(1) The government shall develop, promote, and encourage public health maintenance guarantees
as a method which serves as the basis for health maintenance which is financed through a pre-
effort method on the basis of the principles of cooperation and collective efforts.

(2) Public health maintenance guarantees shall constitute a method of health maintenance which
shall be financed in an integrated manner to promote a health degree, and shall be realized by
each organizer.

(3) Organizers of public health maintenance guarantees shall be in the form of corporate body,
hold an operational permit and play an active role.

(4) Provisions on public health maintenance guarantees shall be stipulated by a Government

Regulation.
 Part Six
Health Management

Article 67

(1) The health under the management of the government and or the public shall be directed
towards the development and promotion of capacity in order to implement health efforts
efficiently and effectively.

(2) The management as referred to in paragraph (1) shall include planning, organizing, actuating
and controlling programs and resources conducive to the enhancement of health efforts.

Article 68

The health under the management of the government shall be realized by health apparatuses and
other state bodies, either at a central or regional level.

Part Seven
Research and Development of Health

Article 69

(1) the research and development of health shall be conducted to choose and determine the most
appropriate science and technology to improve a health degree.

(2) Research, development and application of the result of a research to human beings as referred
to in paragraph (1) shall observe norms prevailing in the community.

(3) The application of the research and development of science and technology of health to
human beings shall take into account the health and safety of the parties concerned.

(4) Provisions on the research, development, and application of the result of a research as
referred to in paragraphs (1), (2), and (3) shall be stipulated by a Government Regulation.

Article 70

(1) In conducting research and development, an autopsy shall be done to learn the cause of
disease and or the cause of death as well as the education of the health officers.

(2) An autopsy shall only be done by the health officers who have expertise and authority to do
so by observing norms prevailing in the community.

(3) Provisions on the autopsy as referred !o in paragraphs (1) and (2) shall be stipulated by a
Government Regulation.
 CHAPTER VII
PUBLIC PARTICIPATION

Article 71

(1) The public shall have opportunities to take part in the implementation of health efforts and
their resources.

(2) The government shall develop, motivate and activate public self-financing undertakings
dealing with health business to make them more efficient and effective.

(3) Provisions on the requirements and procedures for participating in the health sector shall be
stipulated by a Government Regulation.

Article 72

(1) To participate in making government policies on health, the public shall give considerations
to the National Health Advisory Board, whose members are made up of social leaders and other
experts.

(2) Provisions on the establishment, main task, function and working system of the National
Health Advisory Board shall be stipulated by a presidential decree.

CHAPTER VIII
DEVELOPMENT AND SUPERVISION

Part One
Development

Article 73

The Government shall develop all activities relating to the implementation of health efforts.

Article 74

The development as referred to in Article 73 shall be directed towards:

1. the creation of an optimum public health degree.

2. the fulfillment of the public demand for sufficient, safe and good health services and supplies
which are within the reach of people from a variety of social strata.

3. the protection of the public against the possibility of disturbance and danger to health.

4. the granting of facilities to support the promotion of health efforts.

5. the quality improvement of the profession of health officers.

Article 75

Provisions on the development as referred to in Article 73 and 74 shall be stipulated by a

Government Regulation.

Part Two
Supervision

Article 76

The Government shall supervise all activities relating to the implementation of health efforts,
either those implemented by the Government or the public.

Article 77

The government shall be authorized to take administrative measures against health officers and
health facilities which violate provisions in this law.

Article 78

Provisions on the supervision as referred to in Article 76 shall be stipulated by a Government

Regulation.

CHAPTER IX
INVESTIGATION

Article 79

(1) Apart from the investigating officers from the Indonesian Police, certain civilian civil servant
officials from the Ministry of Health shall also have special authority to act as investigators as
referred to in Law No. 8/1981 on Law of Criminal Procedure (Statute Book of 1981 No. 76,
Supplement to Statute Book No. 3209) to conduct the investigation of criminal offences as
regulated in this Law.

(2) The investigators as referred to in paragraph (1) shall be authorized :

a. to examine the truth of reports and information concerning criminal offences in health.

b. to examine persons suspected of committing criminal offences in health.

c. to request information and evidences from persons or corporate bodies in connection with
criminal of fences in health.
 d. to examine letters and or other documents on criminal offences in health.

e. to examine or confiscate materials or material evidences in connection with criminal

offences in health.

f. to request help from experts to conduct the investigation of criminal offences in health.

g. to halt investigation in case of no sufficient evidences that indicate criminal offences in

health.

(3) Investigators shall exercise the authority as referred to in paragraph (2) pursuant to Law
No.8/1981 on Law of Criminal Procedure.

CHAPTER X
CRIMINAL PROVISIONS

Article 80

(1) Whoever deliberately performs a certain medical action on a pregnant woman which does not
fulfill provisions as referred to in Article 15 paragraphs (1) and (2), shall be liable to a maximum
jail term of 15 (fifteen) years and a maximum fine of Rp 500,000,000 (five hundred million
rupiahs)".

(2) Whoever deliberately raises funds from the public to finance health maintenance without
taking the form of corporate body and holding an operational permit as well as performing
provisions on public health maintenance guarantees as referred to in Article 60 paragraphs (2)
and (3) shall be liable to a maximum jail-term of 15 (fifteen) years and a maximum fine of Rp
500,000,000 (five hundred million rupiahs).

(3) Whoever deliberately transports a body organ or a body issue or transfuses blood as referred
to in Article 33 paragraph (2) for a commercial purpose shall be liable to a maximum jail term of
15 (fifteen) years and a maximum fine of Rp 300,000,000 (three hundred million rupiahs).

(4) Whoever deliberately:

a. circulates food and or drink which do not fulfill the relevant standard and or requirement
and or which hazard health as referred to in Article 21 paragraph (3);

b. produces and or circulates pharmaceutical preparations in the form of medicines and or

ingredients of medicine which do not fulfill the requirements of the Indonesian
pharmacopocia and or other standard book as referred to in Article 40 paragraph (1); shall be
liable to a maximum jail term of 15 (fifteen) years and a maximum fine of Rp 300,0000,000
(three hundred million rupiahs).
Article 81

(1) Whoever deliberately:

a. transplants an organ and or body tissue as referred to in Article 34 paragraph (1);

b. implants a health device as referred to in Article 36 paragraph (1);

c. performs a plastic surgery and reconstruction as referred to in Article 37 paragraph (1);

without having expertise and authority shall be liable to a maximum jail term of 7 (seven)
years and or a maximum fine of Rp 140,000,000 (One hundred and forty million rupiahs).

(2) Whoever deliberately :

a. takes up an organ from a donor without paying attention to the health condition of the
donor and or without an approval from the donor and the heir or the family as referred to in
Article 34 paragraph (2);

b. produces and or circulates a health device which does not fulfill the standard and or the
requirement as referred to in Article 40 paragraph (2);

c. circulates a pharmaceutical preparation and or a health device without a circulation permit

as referred to in Article 41 paragraph (1);

d. conducts a research and or development of the science and technology of health on a

person without paying attention to the health and safety of the person concerned as well as
norms prevailing in the community as referred to in Article 69 paragraphs (2) and (3); shall
be liable to a maximum jail term of 7 (seven) years arid or a maximum fine of Rp
140,000,000 (one hundred and forty million rupiahs).

Article 82

(1) Whoever deliberately:

a. gives a therapy and or treatment as referred to in Article 32 paragraph (4);

b. conducts blood transfusion as referred to in Article 35 paragraph (1);

c. conducts implantation of drugs as meant in Article 36 paragraph (10);

d. conducts pharmaceutical works as meant in Article 63 paragraph (1);

e. conducts corpse surgery autopsy as meant in Article 70 paragraph (2);

shall be liable to a maximum jail term of 5 (five) years and or a maximum fine of Rp.
100.000.000,00 (one hundred million rupiah).
(2) Whoever deliberately

a. makes efforts of pregnancy other than in natural ways that are not in conformity with the
provisions as meant in Article 16 Paragraph (2);

b. produces and or distributes any pharmaceutical preparations in the form of traditional drug
that do not meet standards and or requirements as meant in Article 40 Paragraph (2);

c. produces and or distributes any pharmaceutical preparations in the form cosmetics that do
not meet standards and or requirements as meant in Article 40 paragraph (2);

d. produces and or distributes any pharmaceutical preparations and or medical devices that do
not meet requirements of marking and information as meant in Article 41 Paragraph (2);

e. produces and or distributes any materials containing addictive substances that do not meet
the determined standards and or requirements as meant in Article 44 Paragraph (2); shall be
liable to a maximum jail term of 5 (five) years and or a maximum fine of Rp. 100.000.000,00
(one hundred million rupiah).

Article 83

The threatened penalty as contemplated in Article 80, Article 81, and Article 82 shall be
increased by a fourth if causing major injury or a third if causing death.

Article 84

Whoever

1. distributes foods and or beverages that are packed without mentioning tag or label as meant in
Article 21 Paragraph (2)

2. operates places or facilities of public services that do not meet standards and or requirements
of healthy environment as meant in Article 22 paragraph (4);

3. manages work sites that do not meet provisions as meant in Article 23 paragraph (3);

4. hinders any mentally handicapped person from being treated and or cared in the mental health
facilities or other health service facilities as meant in Article 26 Paragraph (1);
manages health facilities that do not meet requirements as meant in Article 58 Paragraph (1) or
having no permit as meant in Article 59 Paragraph (1) shall be liable to a maximum jail term of 1
(one) year and or a maximum fine of Rp. 15.000.000,00 (fifteen million rupiah).

Article 85

1. Criminal actions as meant in Article 80, Article 81, and Article 82 are crime.
2. Criminal actions as meant in Article 84 are violation.

Article 86

Government Regulations as implementation of this law may stipulate fine of maximum Rp.
10.000.000,00 (ten million rupiah).

CHAPTER XI
TRANSITIONAL PROVISIONS

Article 87

All of statutory regulations that are implementing regulations of

1. Law Number 3 of 1953 on the Opening of dispensary (Statute Book of 1953 Number 18)

2. Law Number 18 of 1953 on Appointment of Private Hospitals Caring the Poor People and
the Deprived People (Statute Book of 1953 Number 48);

3. Law Number 8 of 1960 on Fundamentals of Health (Statute Book of 1960 Number 131,
Supplement to Statute Book Number 2068);

4. Law No.11/1962 on the Hygiene for Undertakings for the Public (Statute Book of 1962
No. 48, Supplement to Statute Book No.2475);

5. Law No. 6/1963 on Health Officers (Statute Book of 1963 No. 79, Supplement to Statute
Book No. 2576);

6. Law No. 7/1963 on the Pharmacy (Statute Book of 1963 No. 81, Supplement to Statute
Book No. 2580);

7. Law No. 18/1964 on the Compulsory Work for Paramedical personnel (Statute Book of
1964 No. 106, Supplement to Statute Book No. 2698);

8. Law No. 2/1966 on the Hygiene (Statute Book of 1966 No.22, Supplement to Statute Book
No. 2804);

9. Law No. 3/1966 on the Mental Health (Statute Book of 1966 No. 23, Supplement to
Statute Book No.2805); shall remain valid at the moment of the promulgation of this law on
the condition that they are not contradictory to and or have not been yet amended by new
regulations on the basis of this law.

Article 88

(1) With the enforcement of this law, particular health facilities under the management of the
public who are not yet in the form of corporate body as referred to in Article 58 paragraph (1)
shall continue to be allowed to carry out their functions until their form of corporate body is
adjusted.

(2) The form of corporate body as referred to in paragraph (1) shall be adjusted not later than 2
(two) years starting from the enforcement date of this law.

CHAPTER XII
CONCLUSION

Article 89

With the enforcement of this law,

1. Law No.3/1953 on the Opening of Dispensaries (Statute Book of 1953 No.18);

2. Law No.18/1953 on the Appointment of Private Hospitals which treat the needy and the
economically weak people (Statute Book of 1953 No.48);

3. Law No. 9/1960 on Principles of Health (Statute Book of 1960 No. 131, Supplement to
Statute Book No. 2068);

4. Law No. 11/1962 on the Hygiene for Undertakings for the Public (Statute Book of 1962
No. 48, Supplement to Statute Book No.2475);

5. Law No. 6/1963 on Health Officers (Statute Book of 1963 No. 79, Supplement to Statute
Book No.2576);

6. Law No. 7/1963 on the Pharmacy (Statute Book of 1963 No. 81, Supplement to Statute
Book No. 2580);

7. Law No. 18/1964 on the Compulsory Work for Paramedical personnel (Statute Book of
1964 No. 106, Supplement to Statute Book No. 2698);

8. Law No. 2/1966 an the Hygiene (Statute Book of 1966 No.22, Supplement to Statute Book
No. 2804);

9. Law No. 3/1966 on the Mental Health (Statute Book of 1966 No. 23, Supplement to
Statute Book No.2805); shall be declared null and void.

Article 90

This law shall come into force as from the date of promulgation.

For public cognizance, this law shall be promulgated by placing it in the Statute Book of the
Republic of Indonesia.
Ratified in Jakarta
On September 17, 1992

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Sgd,
SOEHARTO

Promulgated in Jakarta
On September 17, 1992

THE MINISTER/STATE SECRETARY

Sgd,
MOERDIONO