Legal Protection for Healthcare Workers in Tuberculosis Management: A Public Health Perspective
DOI:
https://doi.org/10.33751/palar.v12i3.156Abstract
Legal protection for healthcare workers has become increasingly important in the management of communicable diseases, particularly tuberculosis (TB), which remains a major public health challenge in Indonesia. The implementation of TB control programs often encounters obstacles arising from patient non-adherence to treatment, creating legal and ethical dilemmas for healthcare workers responsible for ensuring treatment completion while respecting patient autonomy. This study aims to analyze the implementation of Law Number 17 of 2023 concerning Health in providing legal protection for medical personnel and healthcare workers involved in tuberculosis management at Wawotobi Primary Healthcare Center and to identify the challenges affecting its effectiveness. The research employs a normative juridical method supported by a socio-legal approach using statutory, conceptual, and case approaches. Data were collected through library research, document analysis, and limited field interviews with healthcare workers directly involved in tuberculosis services. The findings reveal that although Law Number 17 of 2023 provides a stronger legal basis for protecting healthcare workers through the recognition of professional rights and legal safeguards, significant challenges remain due to patient non-adherence, limited authority to enforce treatment compliance, and the need to balance patient autonomy with public health interests. The study argues that legal protection for healthcare workers in tuberculosis management should not be viewed solely as professional protection but also as an instrument of public health protection. Accordingly, this research develops a Public Health-Oriented Legal Protection Framework that integrates professional protection, patient engagement, and public health protection as a comprehensive model for strengthening legal certainty, supporting healthcare workers, and enhancing the effectiveness of tuberculosis control programs. This framework constitutes the principal contribution of the study to the development of Indonesian health law and public health governance.
References
A. Legislation
Constitution of the Republic of Indonesia 1945.
Law Number 17 of 2023 concerning Health.
B. Journals
Agustina, L., Y. Vitrianingsih, and F. Issalillah. “Reporting Obligations for Infectious Diseases and Patient Confidentiality in Health Law.” Bulletin of Science, Technology and Society 4, no. 3 (2025): 47–58.
Alfiyyah, A., R. Modjo, and A. Bachtiar. “Analysis Protecting the Health Workers from the Transmission of Tuberculosis at Teaching Hospital: A Review of Policy and Practice.” Journal of Indonesian Health Policy and Administration 9, no. 3 (2024): 3–12.
Firdaus, S. U. “The Urgency of Legal Protection for Medical Workers in Combating COVID-19 in Indonesia.” International Journal of Human Rights in Healthcare 17, no. 1 (2024): 66–74.
Hutchinson, Terry, and Nigel Duncan. “Defining and Describing What We Do: Doctrinal Legal Research.” Deakin Law Review 17, no. 1 (2012): 83–119.
Jauhari, J., and A. Tanjung. “Legal Protection of Health Workers from a Criminal Law Perspective during the Health Crisis in Indonesia.” Jurnal Ilmiah Dunia Hukum 10, no. 1 (2026): 87–102.
Nurchasanah, N., M. Sakti, and A. A. Nugroho. “Juridical Analysis of Law Number 17 of 2023 Concerning Health on Legal Protection for Medical and Health Personnel.” Asian Journal of Social and Humanities 4, no. 2 (2025): 2348–2356.
Rubin, Edward L. “Law and the Methodology of Law.” Wisconsin Law Review (1997): 521–585.
C. Books
Beauchamp, Tom L., and James F. Childress. Principles of Biomedical Ethics. 8th ed. New York: Oxford University Press, 2019.
Gostin, Lawrence O. Public Health Law: Power, Duty, Restraint. 3rd ed. Berkeley: University of California Press, 2016.
Hadjon, Philipus M. Perlindungan Hukum Bagi Rakyat di Indonesia. Surabaya: Bina Ilmu, 1987.
Ibrahim, Johnny. Teori dan Metodologi Penelitian Hukum Normatif. Malang: Bayumedia Publishing, 2019.
Jackson, Vicki C. “Law: Methodologies.” In The Oxford Handbook of Comparative Constitutional Law, edited by Michel Rosenfeld and András Sajó. Oxford: Oxford University Press, 2012.
Marzuki, Peter Mahmud. Penelitian Hukum. Rev. ed. Jakarta: Kencana, 2021.
McConville, Mike. Research Methods for Law. Edinburgh: Edinburgh University Press, 2017.
Miles, Matthew B., A. Michael Huberman, and Johnny Saldaña. Qualitative Data Analysis: A Methods Sourcebook. 4th ed. Thousand Oaks, CA: SAGE Publications, 2020.
Pozgar, George D. Legal and Ethical Issues for Health Professionals. 5th ed. Burlington, MA: Jones & Bartlett Learning, 2019.
Soekanto, Soerjono. Pengantar Penelitian Hukum. Jakarta: UI Press, 2019.
Soekanto, Soerjono, and Sri Mamudji. Penelitian Hukum Normatif: Suatu Tinjauan Singkat. Jakarta: RajaGrafindo Persada, 2018.
D. Reports and Institutional Publications
World Health Organization. Consolidated Guidance on Tuberculosis Data Generation and Use: Module 1 – Tuberculosis Surveillance. Geneva: World Health Organization, 2024.
World Health Organization. Ethics Guidance for the Implementation of the End TB Strategy. Geneva: World Health Organization, 2017.
World Health Organization. Global Report on Infection Prevention and Control 2024. Geneva: World Health Organization, 2024.
World Health Organization. Global Tuberculosis Report 2024. Geneva: World Health Organization, 2024.
World Health Organization. The Stop TB Strategy: Building on and Enhancing DOTS to Meet the TB-Related Millennium Development Goals. Geneva: World Health Organization, 2006.
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