Article Per Year (5 Year)
p-Index From 2021 - 2026
0.23
P-Index
This Author published in this journals
All Journal PALAR : Pakuan Law Review
Erry Prasetyo
Master of Law, Postgraduate School, Nusantara Islamic University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
A Juridical Analysis of Legal Sanctions for Non-Adherent Tuberculosis Patients: Balancing Public Interest and the Right to Health Erry Prasetyo; Ahmad Ma’mun Fikri
PALAR | PAKUAN LAW REVIEW Vol. 12 No. 2 (2026): Volume 12, Number 2 April-June 2026
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/palar.v12i2.97

Abstract

Tuberculosis remains a major public health challenge in Indonesia due to its long and complex treatment regimen requiring high adherence. Non adherence raises juridical and ethical dilemmas between the obligation of the state to protect public health and the obligation to guarantee the right to health and human dignity. This study analyzes the juridical feasibility of imposing legal sanctions on tuberculosis patients who fail to adhere to treatment. The research uses a normative juridical approach with statute, conceptual, and human rights approaches. The results indicate that Indonesian positive law does not explicitly criminalize non adherence to tuberculosis treatment. Current policy prioritizes administrative and public health approaches such as patient education, treatment supervision, and strengthening healthcare services. Criminal sanctions therefore should not be the primary instrument in addressing treatment non adherence, and should only be considered as ultimum remedium in exceptional circumstances.   Keywords: Tuberculosis, treatment adherence, legal sanctions, public health law, human
Co-Authors Ahmad Ma’mun Fikri