Fulfillment of public health access post amendment to law number 13 of 2016 on patents

Amendment to Article 20 of Law Number 13 of 2016 on Patents with Article 107 of Law Number 11 of 2020 on Job Creation raises concerns that the fulfilment of public access rights regarding the availability of medicines will be hampered to fulfil their right to health. This change resulted in the abolition of the provisions regarding local working requirements. There is a conflict of interest between the obligations of the Government of Indonesia to fulfil the right to health of its citizens, including access to medicines, and due to international trade era, the interests of Indonesia which must also accommodate the interests of other countries to maintain good relations. This study uses a doctrinal approach that analyses secondary data, especially various policies related to patents and the provision of medicines by the Government as its obligation to fulfil the right to health of its citizens. The result of this research concludes that further policies are needed from the Government that can guarantee the community’s right to access good quality medicine as part of the fulfilment of public health access rights which are parts of human rights.