Analisis Yuridis Perlindungan Hukum Hak Ibu Nifas terhadap Pelayanan Kesehatan Pasca Persalinan Berdasarkan Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan

Abstract

The postpartum period is a critical period for postpartum mothers, requiring intensive health care
to prevent potentially fatal complications such as bleeding, infection, and sepsis. Law Number 36
of 2009 concerning Health affirms that everyone has the right to receive safe, quality, and
affordable health services, including postpartum mothers. However, the implementation of this
right in the field still faces various challenges, ranging from limited access to health facilities,
negligence by medical personnel, to unclear legal accountability mechanisms for service failures.
This study aims to analyze the legal form of legal protection for postpartum mothers' rights to
postpartum health services based on Law Number 36 of 2009 concerning Health and to identify
weaknesses in the existing protection system. The research method used is normative legal research
with a statutory and conceptual approach. The results show that legal protection for postpartum
mothers is multidimensional, encompassing preventive protection through minimum service
standards, repressive protection through compensation mechanisms and administrative sanctions,
and participatory protection in the form of the right to information and complaints. The main
weaknesses lie in the absence of technical regulations specifically governing postpartum care
standards, disparities in implementation across regions, and weak oversight of independent
midwifery practices. This study recommends harmonization of implementing regulations,
strengthening the referral system, and enforcing professional discipline as efforts to achieve
effective legal protection for postpartum mothers.