The Implementation of Indonesia's Health Law Regulation No. 17 of 2023: A Legal-Political Analysis of Centralization and Authoritarian Tendencies

The centralization of authority in the central government is perceived as weakening regional autonomy and local policy diversity. The legislative process of this law has also been criticized for lacking substantial involvement from civil society and professional organizations. Meanwhile, the digitalization of health data, although improving efficiency, poses risks of state data misuse. This policy raises concerns regarding government accountability, particularly due to the weak mechanisms for public oversight and evaluation.This study examines the implementation of Law Number 17 of 2023 on Health through a legal-political analysis, particularly its tendency towards an authoritarian political configuration. Drafted in response to health challenges during the COVID-19 pandemic, this law aims to reform the national health system with a more centralized approach. However, characteristics such as power centralization, minimal public participation, strict monitoring through health data digitalization, and repressive policies toward medical professionals indicate a reduction in democratic principles in the health sector's governance. Through a progressive legal perspective, this paper emphasizes the importance of applying the principles of justice, utility, and legal certainty in health policies. The Health Law should promote inclusivity, transparency, and active participation from the public and medical professionals. The author recommends decentralizing health policies, strengthening data protection, revising regulations to reduce authoritarian characteristics, and prioritizing deliberative democracy in health reforms.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-04-04
DOI
https://doi.org/10.5281/zenodo.15150872
Primary Topic
Legal and Policy Analysis in Indonesia
Type
article
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article

The Implementation of Indonesia's Health Law Regulation No. 17 of 2023: A Legal-Political Analysis of Centralization and Authoritarian Tendencies

Zenodo (CERN European Organization for Nuclear Research)
Legal and Policy Analysis in Indonesia
article

The Implementation of Indonesia's Health Law Regulation No. 17 of 2023: A Legal-Political Analysis of Centralization and Authoritarian Tendencies

article en

Abstract

The centralization of authority in the central government is perceived as weakening regional autonomy and local policy diversity. The legislative process of this law has also been criticized for lacking substantial involvement from civil society and professional organizations. Meanwhile, the digitalization of health data, although improving efficiency, poses risks of state data misuse. This policy raises concerns regarding government accountability, particularly due to the weak mechanisms for public oversight and evaluation.This study examines the implementation of Law Number 17 of 2023 on Health through a legal-political analysis, particularly its tendency towards an authoritarian political configuration. Drafted in response to health challenges during the COVID-19 pandemic, this law aims to reform the national health system with a more centralized approach. However, characteristics such as power centralization, minimal public participation, strict monitoring through health data digitalization, and repressive policies toward medical professionals indicate a reduction in democratic principles in the health sector's governance. Through a progressive legal perspective, this paper emphasizes the importance of applying the principles of justice, utility, and legal certainty in health policies. The Health Law should promote inclusivity, transparency, and active participation from the public and medical professionals. The author recommends decentralizing health policies, strengthening data protection, revising regulations to reduce authoritarian characteristics, and prioritizing deliberative democracy in health reforms.

Zenodo (CERN European Organization for Nuclear Research)
Diponegoro University (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 37%
Legal and Policy Analysis in Indonesia
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