印度尼西亚实现发表意见权的问题和侵犯健康权的情况

Tat Marlina, Duwi Handoko, Riadi Asra Rahmad
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摘要

本文的目的是找出在印度尼西亚实现表达意见权和侵犯健康权的问题。这类研究是规范性法律研究,专门讨论表达意见和健康权领域的人权问题。本研究的数据分析是在定性描述研究问题的基础上系统进行的。在公开表达意见方面,例如示威或多人参加的示威,对自由的限制通常与“公共秩序”或公共秩序有关。最困难的是如何在自由和公共秩序之间取得平衡。一些医生的示威肯定会对病人的护理产生影响,这在原则上损害了公众利益。此外,堵塞道路主体的示威行为必然会损害公共利益,即所有道路使用者的利益。根据Komnas HAM的调查结果,至少有15种侵犯人权的行为受到拉平多泥石流受害者的影响。与健康权相关的问题表现为:由于流离失所者缺乏适当的环境,不少难民的健康受到破坏,导致人们生病,有些人死亡;被天然气污染的空气和被损坏的清洁水设施也没有得到政府的妥善处理。
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PROBLEMS OF FULFILLMENT OF THE RIGHT TO EXPECT OPINIONS AND VIOLATIONS OF THE RIGHT TO HEALTH IN INDONESIA
The purpose of this paper is to find out the problem of fulfilling the right to express opinions and violations of the right to health in Indonesia. This type of research is normative legal research specifically discussing human rights in the field of expressing opinions and rights to health. Data analysis in this study was carried out systematically based on the research problems described qualitatively. In relation to expressing opinions in public, such as demonstrations or demonstrations with many participants, restrictions on freedom are usually associated with "public order" or public orders. The most difficult is how to provide a balance between freedom and public order. Demonstrations by a number of doctors certainly have an impact on patient care, which in principle has harmed the public interest. In addition, the demonstration by blocking the road body certainly hurts the public interest, namely the interests of all road users. Based on the results of Komnas HAM's investigation, at least 15 types of human rights violations were affected by Lapindo mudflow victims. The problem when it is associated with the right to health is in the form of: not a few refugees whose health is disrupted resulting in people falling ill and some dying due to the absence of a proper environment for displaced people; and gas contaminated air and clean water facilities that are damaged are not handled properly by the government.
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