Indonesian regulations on protection for medication consumers are not adequate.
A doctoral student of Faculty of Law UGM, Norma Sari, described the issues she found in the regulations during her research.
“Indonesian regulations have not given enough protection to consumers of medication as there have been some gaps in them,” she said in her doctoral promotion on Wednesday(31/1).
For example, Law No. 25 Year 2007 on Investment that has the principle to give equal treatment between foreign and domestic investors, but in reality it is still unfair. She saw this as not in line with the vision of welfare and justice in the State Guidelines.
Also Presidential Regulation No. 44 Year 2016 on List of Closed and Open Businesses for Investment which gives opportunity for foreign investors to invest 100% in medication raw material.
“The impacts of this regulation is it is harder for domestic investors to compete, and in the end consumers will carry the burden of the costs,” said the law lecturer from Universitas Ahmad Dahlan.
Another point is Law No. 33 Year 2014 on Halal Product Certificate. The Agency to ensure this matter(BPJPH) has not been given enough position and authorities for it that may make it difficult to ensure the provision of halal medication.
But she also mentioned the progress that have been made, such in Law No. 13 Year 2016 on patents that requires patent producers to make the product or do the process in Indonesia as well as support transfer of technology, investment, and job provision. Another good thing in the law is Law No. 20 on Brand and Geographical Indication that gives more punishment based on health and economic aspects.
On consumer protection in pre-production process, she said the law had given enough protection. In production and consumption process, Indonesian regulations were seen as adequately protective. But in the distribution process there was still control of gratification issue for those who are not state civilian apparatuses.
She suggested the government to synchronise some regulations while medication business players need to take fair action.