Introduction

Mental health is defined as a situation where a person does not experience feelings of
guilt towards himself, has a realistic estimate of herself and can accept flaws or weaknesses,
ability to deal with the problems in his life, to have satisfaction in social life and have
happiness in his life (Pieper and Uden, 2006). Mental health is one component of a complex
public health and health-related physical, even the two are closely linked. Biological factors,
social and psychological, as the experience of one's life, will affect his mental status at the
time as well. In other words, mental health is a process that appears and continue to change
during life, influenced by a variety of predisposing factors, precipitation, and supportive, with
varying results (CDC, 2002).
Mental health is a level of psychological well-being, or an absence of a mental
disorder it is the "psychological state of someone who is functioning at a satisfactory level of
emotional and behavioural adjustment". According to World Health (WHO), mental health
includes

subjective

well-being,

perceived

self-efficacy,

autonomy,

competence,

intergenerational dependence, and self-actualization of ones intellectual and emotional

potential, among others.

Mental Health Law

Mental health law is the rules that regulate all matters relating to mental health practices,
scientific study etc. Law of mental health is intended to be :
1. Ensure that everyone can achieve a good quality of life
2. Enjoying a healthy mental life, free from fear, stress, and other disorders that can
interfere mental health
3. Ensure everyone can develop the potential of intelligence
4. Providing protection and ensure the mental health services for people who suffering
mental disorder based on human rights
5. Providing health services in an integrated, comprehensive, and sustained through
promotive, preventive, curative, and rehabilitative services
6. Ensure the availability and affordability of resources in mental health services
7. Efforts to improve the quality of mental health in accordance with the development of
science and technology
8. Provide opportunities for people who suffering mental disorder to carry out their rights
and obligations as a citizen of Indonesia.

Law of mental health sets out the general provisions, mental health services, mental
health service system, resources in the mental health services, rights and obligations,
examination of Mental Health, duties, responsibilities, and authority, community
participation, and penal provisions of the act.
There are ten principles in mental health law :
1. Non-discrimination People with mental disorder should, wherever possible, retain
the same rights and entitlements as those with other health needs.
2. Equality All powers under the Act should be exercised without any direct or indirect
discrimination on the grounds of physical disability, age, gender, sexual orientation,
language, religion or national or ethnic or social origin.
3. Respect for diversity Service users should receive care, treatment and support in a
manner that accords respect for their individual qualities, abilities and diverse
backgrounds and properly takes into account their age, gender, sexual orientation,
ethnic group and social, cultural and religious background.
4. Reciprocity Where society imposes an obligation on an individual to comply with a
programme of treatment of care, it should impose a parallel obligation on the health
and social care authorities to provide safe and appropriate services, including ongoing
care following discharge from compulsion.
5. Informal care Wherever possible, care, treatment and support should be provided to
6.

people with mental disorder without the use of compulsory powers.

Participation Service users should be fully involved, so far as they are able to be, in
all aspects of their assessment, care, treatment and support. Their past and present
wishes should be taken into account. They should be provided with all the information
and support necessary to enable them to participate fully. Information should be

provided in a way which makes it most likely to be understood.

7. Respect for carers Those who provide care to service users on an informal basis
should receive respect for their role and experience, receive appropriate information
and advice, and have their views and needs taken into account.
8. Least restrictive alternative Service users should be provided with any necessary
care, treatment and support both in the least invasive manner and in the least
restrictive manner and environment compatible with the delivery of safe and effective
care, taking account where appropriate of the safety of others.
9. Benefit Any intervention under the Act should be likely to produce for the service
user a benefit that cannot reasonably be achieved other than by the intervention.
10. Child welfare The welfare of a child with mental disorder should be paramount in
any interventions imposed on the child under the Act.

Laws that relate to mental health include:

employment laws, including laws that prohibit employment discrimination on the

basis of a mental health condition, require reasonable accommodations in the workplace,
and provide mental health-related leave;

insurance laws, including laws governing mental health coverage by medical

insurance plans, disability insurance, workers compensation, and

Social Security

Disability Insurance;

housing laws, including housing discrimination and zoning;

education laws, including laws that prohibit discrimination, and laws that require
reasonable accommodations, equal access to programs and services, and free appropriate
public education;

laws that provide a right to treatment;

involuntary commitment and guardianship laws;

laws

governing

treatment

professionals,

including

liscencing

laws,

confidentiality, informed consent, and medical malpractice;

laws governing admission of expert testimony or other psychiatric evidence in court;

and

criminal laws, including laws governing fitness for trial or execution, and the insanity
defense.
Mental health law has received relatively little attention in scholarly legal forums. The
University of Memphis Cecil C. Humphreys School of Law in 2011 announced the
formation of a student-edited law journal entitled "Mental Health Law & Policy Journal."

Mental Health of Laws in Another Country

The Americans with Disabilities Act of 1990 (ADA) is a civil rights law that protects
individuals with depression, Post Traumatic Stress Disorder (PTSD), and other mental health
conditions in the workplace. It prohibits employers with 15 or more employees from firing,
refusing to hire, or taking other adverse actions against a job applicant or employee based on

real or perceived mental health conditions. It also strictly limits the circumstances under
which an employer can ask for information about medical conditions, including mental health
conditions, and imposes confidentiality requirements on any medical information that the
employer does have.
The ADA also requires employers to provide reasonable accommodations to job
applicants or employees with mental health conditions under some circumstances. A
reasonable accommodation is a special arrangement or piece of equipment that a person needs
because of a medical condition to apply for a job, do a job, or enjoy the benefits and
privileges of employment. Examples include a flexible schedule, changes in the method of
supervision, and permission to work from home. To have the right to a reasonable
accommodation, the worker's mental health condition must meet the ADA's definition of a
"current disability." Conditions that should easily qualify include major depression, PTSD,
bipolar disorder, obsessive-compulsive disorder (OCD), and schizophrenia. Other conditions
may also qualify, depending on what the symptoms would be if the condition were left
untreated, during an active episode (if the condition involves active episodes). The symptoms
do not need to be severe or permanent for the condition to be a disability under the ADA.
Under the Family and Medical Leave Act of 1993 (FMLA), certain employees are
entitled to up to twelve weeks of job-protected and unpaid leave to recover from a serious
illness or to care for a family member with a serious illness, among other reasons. To be
eligible, the employer must have had 50 or more employees in 20 or more workweeks in the
current or preceding calendar year, or else must be a public agency, elementary school, or
secondary school, and the employee must have worked for the employer for at least 12
months, must have at least 1,250 hours of service for the employer during the 12 month
period immediately preceding the leave, and must work at a location where the employer has
at least 50 employees within 75 miles
Mental health legislation is largely used in the management of psychiatric disorders,
such as dementia or psychosis, and developmental disabilities, where a person does not
possess the ability to act in a legally competent manner and requires treatment and/or another
person to act in his or her best interests. The laws generally cover the requirements and
procedures for involuntary commitment and compulsory treatment in a psychiatric hospital or
other facility.

In some jurisdictions, court orders are required for compulsory treatment; in others,
psychiatrists may treat compulsorily by following set procedures, usually with means of
appeal or regular scrutiny to ensure compliance with the law.
Mental health law includes areas of both civil and criminal common and statutory law.
Common law is based on long-standing English legal principles, as interpreted through case
law. Mental health-related legal concepts include mens rea, insanity defences; legal
definitions of "sane," "insane," and "incompetent;" informed consent; and automatism,
amongst many others. Statutory law usually takes the form of a mental health statute. An
example is the Mental Health Act 1983 in England and Wales. These acts codify aspects of the
treatment of mental illness and provides rules and procedures to be followed and penalties for
breaches.
Not all countries have mental health acts. The World Health Report (2001) lists the
following percentages, by region, for countries with and without mental health legislation.
Regions
Africa
The Americas
Eastern Mediterranean
Europe
South-East Asia
Western Pacific

With legislation
59%
73%
59%
96%
67%
72%

No legislation
41%
27%
41%
4%
33%
28%

Phenomena
Pemasung or people who put a legs locked between two pieces of wood to another
people with mental disorders ready to receive the sanction of law. This is because they
violates human rights. This was stated by Deputy Chairman of Commission IX at the same
time is a working committee of Draft Law of Mental Health, Nova Riyanti Joseph, when met
on the sidelines of a working visit to Sanur Indonesian Red Cross Solo, Friday (02/22/2013 ).
She claims there are many sad cases of deprivation of patients with psychiatric
disorders. Moreover pemasung has been done by families who feel ashamed of the
condition of his family members with psychiatric disorders. This, she added, are found in the
suburbs.

"We're making the rules of how to solve problems like this (deprivation). We will
arrange for sanctions for violating human rights, " she said.
So far, she said it is difficult to sets the rules sanctions for pemasung. Admittedly
there are still many people willing to do it to the families who experience mental illness
because they believe it can heal the sufferer. Another reason is because their location which is
far away from the hospital.
On the other hand, she said the government's efforts to solve problem of patients with
psychiatric disorders is still minimum. Budget allocations for the treatment of mental health is
very small. Not to mention the limitations of medical personnel in mental health. He put the
number of personnel there are only 616 psychiatrists and clinical psychologist 400 people.
"This number is not comparable to the population of Indonesia," she said.
Currently, she said the legislative assembly were discussing about the rules of mental
health. Including, she added, society participation is important in the management of people
with psychiatric disorders. Such as Griya PMI Solo that has successfully engaged the society
in dealing with a homeless person who has a psychological disorder.
It is expected that with the enactment of the Law on Mental Health, no longer
deprivation to the people who experiencing psychiatric disorders.
"We will also encourage the government to provide and increase the number of
hospital in the suburbs area. It is also consider as an anticipation of deprivation," she added.
Another phenomena about mental health is any stigma and discrimination around
mental health between laws happened in some country in the world. Example is in Korean
people who had mental problem are not perimitted to enter the swimming pool, but
regulations like these exist in some parts of the world and illustrate the everyday stigma and
discrimination that people with mental health problems face.
Sadly, mental health stigma is still prominent throughout the world. A sign outside a
museum in a small town in Japan, reads 'Those with mental disease are declined to enter the
museum' and in other parts some leisure facilities imposed restrictions forbidding people with
mental health problems from using the fitness centre. Three major airlines in Asia also refused
to allow passengers with mental health conditions on to a flight unless they were accompanied
by a psychiatrist. In certain parts of the world, people with mental health problems are not

permitted to enter a swimming pool or use public parks. Some of these examples of
discrimination were highlighted in the book 'Shunned' written by Professor Graham
Thornicroft. In the UK there have also been examples of blatant discrimination, which was
only very recently overturned.

Conclusion

Mental health is defined as a condition where a person does not experience feelings of
guilt towards himself, and that is the one component of a complex public health and healthrelated physical.
There are mental health law that is the rules that regulates all matters relating to
mental health practices, scientific study, etc. As a citizen of Indonesia, law on mental health is
intended to ensure that everyone can achieve a good quality of life, enjoying a healthy mental
life, free from fear, stress, and other disorders that can interfere mental health and and provide
opportunities for people who suffering mental disorder to carry out their rights and
obligations. Law of mental health sets out the general provisions, mental health services,
mental health service system and rights and obligations.
So, laws of mental health in around the world actually have same purposes, that is in
order to maintain safety and justice involved in managing or treating such people who
suffering mental disorder condition. However, the application of the law itself depends on the
phenomena or condition of mental health matters in the country.

References
Prof.Dr.Sutarjo A.Wiramiharja. 2005. Pengantar Psikologi Abnormal. Bandung: PT.
Refika Aditama.
Syamsu, Yusuf. 2009. Mental Hygine. Bandung : Maestro
McDougall, Sandra. 2004. The New Mental Health Act. Edinburgh : Scottish Executive.
NN. 2014. Mental Health Law. (http://en.wikipedia.org/wiki/Mental_health_law,
accesed on October, 2th 2014)

2008. Time to Change hosts Global meeting of Anti-stigma Programmes in London.

(https://www.time-to-change.org.uk/news/global-meeting-anti-stigma-programmelondon, accesed on October, 2th 2014).
Winarto. 2014. Uu nomor 18 tahun 2014 tentang kesehatan jiwa.
(http://www.slideshare.net/wincibal/uu-nomor-18-tahun-2014-tentangkesehatan-jiwa, accessed on September, 28th 2014)

Septiyaning, Indah. 2013. RUU KESEHATAN JIWA : Pemasung Orang Gila Bakal Kena
Sanksi Hukum. (http://www.solopos.com/2013/02/22/ruu-kesehatan-jiwa-pemasungorang-gila-bakal-kena-sanksi-hukum-381955,accessed on September, 28th 2014).