Public Health Regulation on Traditional Healers and Indigenous Medical Practice in Indonesia and South Africa

Abstract

The traditional healers and indigenous medical professionals continue to be a crucial part of primary healthcare provision and cultural heritage preservation in Indonesia and South Africa. Nonetheless, the juxtaposition of traditional medicine with conventional healthcare has posed substantial public health issues about patient safety, quality control, professionalism, licensing, and regulation. The purpose of this paper is to explore the legal and regulatory framework for traditional healers and indigenous medical practice in Indonesia and South Africa. The goal of the study is to identify the strengths, weaknesses, and best practices for the protection of public health in relation to traditional medicine through the analysis of the regulation of traditional medicine in the two jurisdictions. The methodology of this study includes doctrinal legal research based on the comparative legal method. The comparative legal research is used to analyze constitutional provisions, statutes, rules, case law, and scholarly literature of the two jurisdictions. It has been found that despite the recognition of the significance of traditional medicine in the two countries, South Africa has a more developed statutory regulatory framework, and Indonesia has improved its regulatory framework through public health legislation and administration.