Abstract

The issue of HIV/AIDS as a human rights issue in relation to public health has in principle become a topic of conversation in international public health law. In 1946, the World Health Organization (WHO) proclaimed that the highest success of a goal of public health standards was success in the treatment of HIV/AIDS as a fundamental issue of human rights. According to the last data of November 2019, Bali was ranked in the top five cases of HIV/AIDS with the number of PEOPLE with HIV/AIDS reaching 22,034 people. Of the number of cases nationally, Bali ranks number five after DKI Jakarta and West Java, even if reviewed from the average percentage compared to the population, Bali ranks in the top two nationally after Papua. The data when compared to the previous two years data is very different, where in 2017, Bali is still ranked sixth nationally. This article reviews Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province. This research is a normative juridical research. Designed using the statute approach and conceptual approach. The results showed that Factors that affect the application of the legal system in preventing the transmission of HIV / AIDS in Bali Province are Multi-interpretation due to conflict  norms in various cases about HIV/AIDS in Indonesia.. However, it needs Immediately formulate improvements or spelled out in the Regulation of the Governor of Bali to be more synergistic fundamentally in terms of HIV/AIDS Prevention, especially its transmission management and elimination namely to The Regional Regulation of Bali Province No. 6 of 2014 on Child Protection; Local Regulation of Bali Province No. 4/2019  on Indigenous Villages and Local Regulations of Bali Province  No. 3/2006 on HIV/AIDS Prevention, as well as adjusting the Laws and Regulations on it.

Keywords: HIV/AIDS, Legal System Application, Bali

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References

• CST Kansil, et.al, Pengantar Ilmu Hukum Indonesia, Rineka Cipta, Jakarta, 2014

  Achmad Ali. 2002. Menguak Tabir Hukum. Jakarta: Toko Gunung Agung. Hlm. 35.

  Hon. Justice Michael Kirby AC CMG, “Courts and Judges in the Era of HIV/AIDS (adapted and updated from earlier version published in DC Jayasuriya”, HIV Law, Ethics and Human Reghts, (New Delhi: UNDP, 1995), hlm 3.

  Putri Prima Maharani., et al. Legal Protection for HIV/AIDS Patients in Indonesian Medical Services. International Journal of Advanced Science and Technology 28, no 20 (December 31, 2019): 534-539.

  Mary Ann Torres, Public Health And International Law: The Human Right to Health, National Courts, and Access to HIV/AIDS Treatment: A Case Study from Venezula”, Chicago Journal if International Law, (Chicago: Spring, 2002), hlm 1.

  Putri, Prima & Murdi, Patria. (2019). Pelayanan Kesehatan di Era Jaminan Kesehatan Nasional sebagai Program Badan Penyelenggara Jaminan Sosial Kesehatan. Jurnal Wacana Hukum. 25. 80. 10.33061/1.jwh.2019.25.1.3046.

  Komite Hak Ekonomi, Sosial, dan Budaya, Komentar Umum Nomor 14: Hak Atas Standar Kesehatan Tertinggi yang dapat dcapai, E/C.12/2000/4, 11 Agustus 2000,

  St. Laksanto Utomo, Hukum Adat, (Jakarta, PT Raja Grafindo Persada, 2016), halaman 103.

  Bernard L. Tanya, et.al.Legal Theory, Cross-Space and Generational Human Order Strategy. (Yogyakarta: Genta Publishing, 2010), p. 205

  National Standard of Hospital Accreditation Issue 1, 2017, p. 372

  Eddy O.S. Hiariej, Theory and Law of Proof, Erlangga, Jakarta, 2012

  Dewa Ayu B. Handayani, Medical Dispute Perspective in Indonesia, Yuma Pustaka Surakarta, 2019

  Titon Slamet Kurnia, Right to Optimal Health Degree as Human Rights in Indonesia, Alumni, Bandung, 2007

  P. Maharani Putri, I.G.A.K. Rachmi Handayani, W. Tresno Novianto, Legal Protection for Children Affected HIV/AIDS in Indonesia, Proceedings of the 3^rd International on Globalization of Law and Local Wisdom (ICGLOW2019). Atlantis Press: 193-196.

  Helena Nygren-Krug, 25 Questions and Answers on Health and Human Rights, (World Health Organization, 2002), hlm. 9.

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