Government and Aesthetic Beauty Clinic’s Responsibility in Fulfilling the Citizens’ Constitutional Right to the Service of Aesthetic Beauty Clinic in Indonesia

Abstract

This article studies the government and the esthetic beauty clinic’s responsibility in fulfilling the citizens’ constitutional right in the service of esthetic beauty clinic in Indonesia. The research method is empirical qualitative to the stakeholders of esthetic beauty clinics in ten cities in Indonesia. The result of the research shows that those responsible for fulfilling the citizens’ constitutional right to the service of Esthetic Beauty Clinic in Indonesia are public and private. The government’s responsibility has been mentioned in Article 28D, clause (1) of 1945 Constitution concerning the right to guaranty, law protection and certainty and Article 28H clause (1) related to the right to health and to get healthcare service. The rights fulfillment is accomplished using the legal instrument and the institution of state authorized in licensing, organization, building, supervision, monitoring, and evaluation in the organization of esthetic beauty clinic. The esthetic beauty clinic’ responsibility includes: fault, risk, product, and professional. These responsibilities have not been fulfilled maximally yet because some law infringements are still found, so the government’s intervention should be optimized with the protection of beauty clinic users’ constitutional rights from upstream to downstream and the regulation as well as the authorized institution should be harmonized.