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Table 3 Chapters and Articles Relevant to Mental Health in Law on Health no 36 2009

From: Indonesia free from pasung: a policy analysis

Chapter

Article

1: General Terms

Article 1

(1). Health is a state of complete physical, mental, and social well-being that enable a person to be socially and economically productive

IX: Mental Health

Article 144

(1) Mental health service is aimed to ensure every people have a healthy life, free from fear, stress, and other symptom related with mental disorder.

(2) Mental health services as referred in verses (1) consists of preventive, promotive, curative, rehabilitation of patients with mental illness and psychosocial problems.

(3) Mental health services as referred to in verses (1) is the joint responsibility of the Government, local government, and the community.

(4) Government, local government, and community responsible for creating mental health service at the highest possible level and ensure the availability, accessibility, quality and equity of mental health services as referred to in verses (2).

(5) The government and local governments are obliged to develop community based mental health service as part of integrated mental health service, including accessibility to a community for mental health services.

 

Article 145

The government, local government and community ensure mental health service in all levels including preventive, promotive, curative and rehabilitative, also in the workplace as referred to in Article 144 verses (3).

 

Article 146

(1) The public has the right to obtain faultless information and education regarding mental health.

(2) The rights as referred to in verses (1) are aimed at avoiding violations of the human rights of a person who is considered to have a mental health disorder.

(3) The government and local governments are obliged to provide information and education services on mental health.

 

Article 147

1) The endeavour to cure people with mental illness are the responsibility of the Government, local governments and the community.

(2) The healing process as referred to in verses (1) are carried out by authorized health personnel and in the proper place to respect the patient’s human rights.

(3) A specific health service facilities with standard requirements and are in accordance as mentioned in the regulation is needed to treat care people with mental health illness

 

Article 148

(1) People with mental illness have the equal rights as other citizens.

(2) The rights as referred to in verses (1) include equal treatment in every aspect of life, unless the laws and regulations state otherwise.

 

Article 149

(1) People with mental illness who are neglected, homeless, threaten the safety of himself and/or others, and/or disturb order and/or security the general public are required to receive treatment and care in health care facilities.

(2) The central government, local government, and the community are obliged to give treatment and care at the mental health facilities for people with mental illness who are abandoned, homeless, threatening safety himself and/or others, and/or interfere public order and/or security.

(3) The central government and local governments are responsible

on equal distribution of mental health facilities by involving public actively.

(4) The Government and local governments responsibility as referred to in verse (2) includes financing of the poor.

 

Article 150

1) Mental health examination for the benefit of law enforcement (visum et repertum Psychiatricum) can only be done by psychiatrist at mental health facilities.

(2) Determination of the legal competence status of a person who are

suspected of having a mental disorder conducted by a doctor who have the expertise and competence in accordance with professional standards.

 

Article 151

Further provisions regarding mental health service will be regulated

with Government Regulation.