Risdawati, Putri Rahayu (2026) Tanggung Jawab Negara dalam Menjamin Hak Konstitusional Kesehatan Berdasarkan Pasal 28H Ayat (1) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Other thesis, Universitas Islam Riau.

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Abstract

Health is a fundamental human right constitutionally guaranteed under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This provision affirms that every person has the right to live in physical and spiritual well-being, to obtain a good and healthy environment, and to receive health services. Consequently, the state bears a legal responsibility to ensure the fulfillment of the constitutional right to health for all citizens without discrimination. However, in practice, the implementation of this state responsibility still encounters various challenges, particularly juridical obstacles, such as regulatory inconsistencies, weak law enforcement, and the suboptimal role of the state in ensuring equitable access to health services. This study aims to analyze the state's responsibility in guaranteeing the constitutional right to health under Article 28H paragraph (1) of the 1945 Constitution and to identify legal obstacles to its implementation in Indonesia. The focus is directed at how the state carries out its constitutional obligations and the legal obstacles that affect the effectiveness of its implementation. This study uses a normative legal research method with a descriptive-analytical nature, conducted through a statutory regulatory approach and a conceptual approach. The legal materials used consisted of primary, secondary, and tertiary legal materials, analyzed qualitatively. The research results indicate that the state's responsibility to guarantee the constitutional right to health is realized through the establishment of regulations, the provision of health care facilities, the implementation of a national health insurance system, and the supervision of health care services. The state has an obligation to respect, protect, and fulfill the right to health as part of human rights and the principles of a welfare state. However, in its implementation, legal obstacles remain, including a lack of synchronization and overlapping laws and regulations, weak implementation and enforcement, suboptimal oversight of health care providers, and ineffective coordination between the central and regional governments. These obstacles mean that the fulfillment of the right to health has not been fully realized equitably and fairly. Therefore, regulatory harmonization and strengthening of legal implementation are necessary to ensure the effective realization of the constitutional mandate.

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