制定法律规范,为基于超自然和宗教方法的传统治疗师提供法律保护

P. Sadnyana, Rachmad Safa’at, A. Madjid, Yuliati Yuliati
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引用次数: 0

摘要

传统保健服务指的是2009年关于保健的第36号法律,由从事传统治疗师职业的人员提供服务。传统的保健方法有超自然方法和宗教方法。这两种传统卫生服务方法被纳入2016年第61号卫生部长条例的经验性传统卫生服务方法。然而,宗教仪式没有得到充分承认,因为它们不符合医学的原则,但在生活中,这种做法是有效的,并得到了证明。本研究旨在探讨以超自然和宗教为基础的传统医药行业的理想法律规制形式。本研究是一项运用成文法方法、哲学方法、概念方法和比较法的规范性法律研究。分析方法以法律理论为分析工具,包括法律保护理论、正义理论、复杂接受理论、法律确定性理论和立法理论。研究结果表明,使用超自然方法和宗教方法的传统治疗是一种已经存在的地方智慧形式,并在社会中成长和发展,因为人类拥有上帝和文化,拥有关系和信仰。必须对传统治疗师进行监管和法律保护,根据《宪法》的任务规定和人民获得健康的权利,努力使人民健康,传统治疗师职业作为传统治疗师职业得到充分承认和法律确定性,通过提供法律保护,必须以《卫生法》等立法形式制定监管概念。能够参与健康和保护民族文化。
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REGULATION OF LEGAL NORMS TO PROVIDE LEGAL PROTECTION OF THE TRADITIONAL HEALERS BASED ON SUPERNATURAL AND RELIGIOUS APPROACHES
Traditional health services refer to Law Number 36 of 2009 concerning Health, carried out by people who carry out the profession as traditional healers. Several traditional health service methods are supernatural methods and religious approach methods. The two traditional health service methods are included in the empirical traditional health service method in Minister of Health Regulation No. 61 of 2016. However, religious services have not received full recognition because they are not in accordance with the principles of medical science, but in life, this approach is valid and proven. This study aims to find out how the ideal form of legal regulation is to protect the traditional medicine profession based on the supernatural and religion. This research is a normative legal research using statutory approaches, philosophical approaches, conceptual approaches and comparative approaches. The analysis technique uses legal theories as a knife of analysis, including the theory of Legal Protection, Justice Theory, Receptio in Complexu theory, Legal Certainty Theory and legislation theory. The results of the study show that traditional healing using supernatural methods and a religious approach is a form of local wisdom that already exists, and grows and develops in society, as human beings who have God and culture who have relationships and beliefs. The importance of regulation and legal protection for traditional healers is needed as an effort to make people healthy according to the mandate of the constitution and the right of the people to get health and the traditional healer profession gets full recognition and legal certainty as a traditional healer profession, by providing legal protection, the concept of regulation must be prepared in the form of legislation such as the Health Law, to be able to participate in Health and preserve the nation’s culture.
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