Rights on Reproduction Health Care for Women

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Act on Patent Rights is a consequence of ratification and promulgation of the Government of the Republic of Indonesia to the Agreement Establishing the World Trade Organization (WTO) and Trade Related Intellectual Property Rights (TRIPs). The government must adopt its intellectual property rights to these international agreements, including the patent rights.
    Such condition shows that bargaining position of Indonesia is expendable. Indonesia does not get freedom in its own territory. All policy is under intervention of developed countries (those run with capitalism economy). The situation even gets more complicated when the House of Representatives (DPR in Indonesia) made legal this dominance by issuing Act on Property Right (UU Hak Cipta). Indonesian people, in consequence, become the real victims of the ongoing act. Due to such carelessness, parts of this country’s constituents, in particular women, become the minority parties.
    Women do not get their promised rights, physical, mental, and social health care. Such circumstance truly causes women lacking of adequate reproduction system health. By the promulgation of the Act on Patent Rights, all medicines and health care equipments are more expensive than ever before so it is more difficult for women to get access to the economical and proper health care.
    A study using a Feminist Legal Theory is necessary to assess the implication of Act on Patent Richts on the rights fulfillment on reproduction health. Law theories using feminist approach are more likely embracing the material condition than that of conceptual implication. The feminist legal theory is a concrete construct in assessing issues, by giving weight to the legal-material condition, and in turn, its consequence to the human real life.
 
Feminism Legal Theory as a legal theory contains an in-depth criticism on positive law by presenting impacts to the women. The substance of the Act on Patent has ignored aspects the women need. This Act does not consider the weakening position and condition of the women in controlling their own lives, economy, and reproduction health.
 
In addition to the above explanation, the Act on Patent has opposed the international as well as national legal insruments that impose women’s rights on their reproduction health. In conclusion, the Act on Patent has both jurisdiction and meta-jurisdiction inadequacies.

Keywords: Act on Patent Rights, Women’s Reproduction Health Care Rights.

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