REGULATION OF LEGAL NORMS TO PROVIDE LEGAL PROTECTION OF THE TRADITIONAL HEALERS BASED ON SUPERNATURAL AND RELIGIOUS APPROACHES

Abstract

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.