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4 Int'l J. Jurid. L. 1 (2025)

handle is hein.journals/intljlojdl4 and id is 1 raw text is: International Journal of Judicial Law Regulations for Traditional Health Practitioners in the Use of Medical Instruments and Diagnostic Support Tools Anak Agung Sagung Ratih Maheswari 1*, I Gusti Agung Mas Rwa Jayantiari 2 12 Master of Medical Law Study Program, Udayana University, Indonesia * Corresponding Author: Anak Agung Sagung Ratih Maheswari Article Info ISSN (online): 2583-6536 Volume: 04 Issue: 01 January-February 2025 Received: 03-11-2024 Accepted: 04-12-2024 Page No: 01-06 Abstract This research discusses legal certainty regarding traditional health services in the use of medical instruments and diagnostic support tools, regulated by Government Regulation No. 103 of 2014 concerning Traditional Health Services. The main focus is an analysis of the ambiguity of the norms in Article 23 paragraph (2) and Article 24 paragraphs (1) and (2), which prohibit traditional health practitioners from using modern medical instruments without clear exceptions. This study employs a normative legal approach, examining the vagueness of the regulations and their implications for traditional health practitioners. The research findings indicate that the unclear definitions of medical instruments and diagnostic support tools, as well as their exceptions, create legal uncertainty for practitioners. This results in risks of legal violations, inconsistency in enforcement, and confusion in the field. Therefore, a revision of the regulations is necessary to provide classifications of permitted instruments and more detailed guidelines to achieve better legal certainty. DOI: hfi 0 11116 Keywords: Traditional Health Services, Medical Instruments, Legal Certainty, Diagnostic Support Tools Introduction Health development, as part of national development, aims to enhance awareness, willingness, and the ability to live healthily for every individual, in order to achieve the highest possible degree of public health as an investment in the development of socially and economically productive human resources. Health development, as mandated by Law Number 17 of 2023 concerning Health and Presidential Regulation Number 72 of 2012 concerning the National Health System, is carried out through various efforts in the form of services at Health Service Facilities. Traditional health services, as part of health efforts, have historically been found in Indonesia alongside conventional health services, aimed at creating a healthy, independent, and equitable society. (Raharjo, 2014) [0] In response to the developments in health development in Indonesia, Government Regulation Number 103 of 2014 concerning Traditional Health Services (hereinafter referred to as the Traditional Health Services Regulation) was established by the relevant authorities. The purpose of the Traditional Health Services Regulation, as further stipulated in Article 2 paragraph (1), is to regulate: The purpose of this Government Regulation is to a. Establish a traditional health service system that synergizes with conventional health services; b. Develop a Complementary Traditional Health Service system that synergizes and can integrate with conventional health services at Health Service Facilities; c. Provide protection to the community; d. Improve the quality of traditional health services; and ensure legal certainty for users and providers of traditional health services. 1|P a g e