CD Skripsi
Tinjauan Yuridis Pengaturan Tentang Rapid Test Antigen Dan Polymerase Chain Reaction (PCR) Corona Virus Disease- 19 Dalam Hukum Positif Di Indonesia
Health is an element of welfare that must be realized in accordance with the ideals of the Indonesian nation. Therefore, in order to create an increase in the degree of health, a law is needed to regulate and foster everything about health. The entry of Covid-19 requires the government to make policies and regulations by issuing policies through Ministerial Decrees on Rapid tests and Polymerase Chain Reaction (PCR) as well as several other rules issued by the Ministry of Transportation and the Covid-19 Task Force regarding the two test kits.
Article 167 paragraph (1) of Law Number 36 of 2009 concerning Health clearly explains that legal arrangements in the health sector must be made to strengthen public health improvement. A number of existing rules cannot in fact be in accordance with what is mandated in the Article. The objectives of this research are first, regulation of Rapid Test and Polymerase Chain Reaction (PCR) Corona Virus Disease-19 in positive law in Indonesia. Second, the rules of Rapid Test and Polymerase Chain Reaction (PCR) in Positive Law are in accordance with the theory of Legislation Formation.
This research was prepared using a normative legal method that focuses on vertical legal synchronization. Vertical legal synchronization is carried out on laws and regulations that are not of equal position. This research also examines legal materials, both primary which explains library materials containing new or up-to- date scientific knowledge and secondary which explains library materials containing information about primary materials.
The results of the research conducted by the author are, first, a juridical review of the regulation of rapid antigen and PCR Corona Virus Disease-19 tests in positive law in Indonesia when viewed from the creation of rules regarding the use of rapid antigen and PCR tests through the Decree of the Minister of Health needs to be strengthened and expanded again considering that this Ministerial Decree is limited to recognition and has not touched a more substantive dimension of protection. In addition, there are also other problems such as legal vagueness that cause problems for the community. Second, the rules of rapid antigen and PCR tests in positive law when associated with the theory of the formation of laws and regulations, the regulations and policies issued regarding rapid antigen and PCR tests do not have permanent legal force and are weak and also not in accordance with existing positive law. The author's suggestion is that the Government should conduct an in-depth evaluation of regulations and policies related to rapid antigen and PCR tests and pour regulations in one format of laws and regulations that are included in the hierarchy of laws and regulations.
Keywords: Positive Law-Welfare-Health
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