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LAW
NUMBER 3 YEAR 1966
CONCERNING
MENTAL HEALTH

THE PRESIDENT OF THE REPUBLIC OF INDONESIA,

Considering: whereas Law concerning Mental Health shall be stipulated.

In View of: a. Article 5 paragraph (1) and Article 20 paragraph (1) of the
Constitution.
b. Article 2 Law concerning Health Principles, Law Year 1960
No. 9 (State-Gazette Number 1960 No. 131)

With the Approval of The People’s Collective Legislative Assembly;

HAS DECIDED TO:

I. Revoke: Het Reglement op het Krankzinnigenwezen (Stbl. 1897 No. 54 with its
amendments and supplements).
II. Stipulate:

LAW CONCERNING MENTAL HEALTH.

CHAPTER I.
GENERAL PROVISIONS

Article 1
The intent of the following term in this Law:
(1) Mental Health shall be a healthy mental condition according to Medical Science
as an element of health as referred to in Article 2 Law of Health Principles (Law
year 1960 No. 9 State-Gazette year 1960 No. 131).
(2) Mental Illness shall be alteration on mental function, resulting in mental health
disturbance, as referred to in sub a paragraph (1).
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 Article 2
(1) Initiatives in mental health sector, maintenance, medication on patient and
allocation of former mental health patients (hereinafter referred to as the patient)
as referred to in Chapter II Article 3, Chapter III Article 4 and Chapter V Article
10 of this Law shall be conducted by the Government and/or private
institutions.
(2) In the initiatives as referred to in paragraph (1) the Government shall include
the community.

CHAPTER II
MAINTENANCE OF MENTAL HEALTH

Article 3
In the mental health sector, the Government initiatives shall include:
a. Maintaining mental health of children in the growth and development period.
b. Achieving mental balance by focusing on the energy to the true nature and
capability.
c. Improving work places and atmosphere in offices and other places in
accordance with mental health science.
d. Increasing the standard of individual mental health in relation to his/her family
and community.
e. Other initiatives that deem necessary by the Minister of Health.

CHAPTER III
TREATMENT AND MEDICATION OF MENTAL PATIENT

Article 4
(1) Treatment, medication and treatment home for mental patient (hereinafter
referred to as treatment regulated by the Minister of Health).
(2) The Minister of Health shall regulate, guide, support and supervise private
enterprises, in accordance with Article 14 Law concerning Health Principles.

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 Article 5
(1) In order to acquire treatment and medication in a treatment home, one of the
following persons shall ask for an application:
a. The patient, provided that he/she is an adult.
b. Husband/Wife or an adult member of a family.
c. Guardian and/or a person regarded as a guardian for the patient.
d. Chief of Police/Governing Bureaucracy in the residence or region where
the patient lives.
e. Justice of the State Court, in the event that the person involved is
suspected to be a mental patient.
(2) Officials as referred to in paragraph (1) sub d shall propose an application:
a. Provided that no persons available as referred to in paragraph (1) sub b
and c.
b. Provided that the patient is uncared-for.
c. For the sake of public safety.

Article 6
(1) Treatment and medication upon the application as referred to in Article 5
paragraph (1) sub a, b and c, shall be performed following an examination by a
doctor, who determines the existence of mental health and the patient needs to
be treated.
(2) Within no later than 3 X 24 hours, officials as referred to in Article 5 paragraph
(1) sub d shall be obligated to have a record from a doctor indicating that the
relevant person positively suffers from mental health.

Article 7
Any doubts whether or not a person suffers from mental health, the Minister of
Health shall nominate some experts to make a decision.

Article 8
(1) A person involved a criminal case, as referred to in Article 5 paragraph (1) sub e,
shall be treated for observation for the maximum of 5 months. The 5 month
period shall be extended if the doctor who performs the examination consider it
appropriate.
(2) If a person as referred to in paragraph (1) evidently suffers from mental illness,
he/she shall be acquire a treatment, otherwise the person shall be taken back to
the Justice of the State Court as referred to in paragraph (1).

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(3) The doctor as referred to in paragraph (1) shall submit a report within 14 days as
from the initial date of the submission of the patient into the treatment home to
the relevant Justice of the State Court.

CHAPTER IV.
PROPERTY OF THE PATIENT

Article 9
(1) The local Justice of the State Court shall stipulate that the patient can not afford
to manage the property, either his/her own property or property that has been
given to them.
(2) The Justice as referred to in paragraph (1) shall stipulate who has the right to
manage and/or look after the property belonging to the patient as referred to in
paragraph (1).
(3) The Justice stipulation as referred to in paragraph (1) shall be enacted by request
of the individuals as referred to in Article 5 paragraph (1) sub a, b, c and d.

CHAPTER V.
SHELTER FOR FORMER MENTAL PATIENT

Article 10
The Government shall conduct initiatives to:
a. Implement the allocation of the patient who has stopped getting a treatment in
the society.
b. Encourage and support activities aiming on rehabilitation and guidance for the
patient in the society.

CHAPTER VI
SUPERVISION

Article 11
(1) The supervision of mental health maintenance, treatment and medication and
shelter for the patient as referred to in Chapter II Article 3, Chapter III Article 5,
6, 7 and Chapter V Article 10 of this law shall be conducted by the Minister of
Health.
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 CHAPTER VII
CLOSING PROVISION

Article 12
The implementation of this Law and other matters which are not/have not been
stipulated in this Law, shall be regulated by Government Regulation and Minister of
Health Regulation.

Article 13.
This Law shall be referred to as: “Law Concering Mental Health 1966”.

Article 14.
This Law shall become applicable as from the date of its enactment.
For the purpose of public cognizance, it is hereby ordered to stipulate this Law with
its placement in the State-Gazette of the Republic of Indonesia.

Ratified in Jakarta
On June 11, 1966

President of the Republic of Indonesia

Sukarno

Enacted in Jakarta
On June 11, 1966

Secretary of State

Mohc Ichsan

State Gazette Of The Republic Of Indonesia Year 1966 Number 23.

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 ELUCIDATION OF LAW
NUMBER 3 YEAR 1966
CONCERNING
MENTAL HEALTH

GENERAL ELUCIDATION

This Law of Mental Health is the implementation of Law of Health Principles (Law
Year 1960 No. 9 State Gazette Year 1960 No. 131). With this Law, Mental Health is
regulated as referred to in Article 1 Law of Health Principles. It is stipulated that
“Health” includes physical, mental and social health. The material of this Law are:
mental health and mental illness. In this Law mental health is regulated based on
medical science. This Law is not in the direction of mental sector based on educational
science, and so forth.
Up to now there is just one regulation concerning mental patient which is: “Het
Reglement op het Krankzinnigenwezen” (Stbl. 1897 No. 54 and so forth). With this
Law, the relevant Reglement becomes null and void. And the materials of
treatment/medication of a mental patient in that Reglement are adjusted to the
essence of Law of Health Principles.

ARTICLE BY ARTICLE

Article 1.
a. Mental health according to the concept of today’s medical science is a condition
which allows the maximum development of physical, intellectual and emotional
of an individual and the development is in harmony with other people’s
condition. Mental health has some harmonious characteristics and shows all
aspects of human life and their relation to other human.
b. The disturbance in this development as referred to in sub a, which creates an
alteration in the mental function of the individual, constitutes mental health.

Article 2.
This article clarifies that curative or preventive actions in the interest of the mental
patient is a Government obligation.
However, the door is opened for private enterprise to operate the maintenance of
mental health, treatment and medicaton on patient and shelter for former mental
patients. The Government (the Ministe of Health) stipulates special regulations
concerning the private enterprise, and provides guidance and support in accordance
with Article 14 paragraph (1) of Law concerning Health Principles.
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In order to acquire the maximum health standard (see Article 1 Law of Health
Principles Law Year 1960 No. 9), every citizen need to be actively participated in
health initiatives. This principal is also concretized in the mental health sector (such as
the community shall be participated in the comprehension of maintenance of mental
health).

Article 3.
a. The intent of educational period shall be the baby period, school period and so
forth.
b. Self-explanatory.
c. Self-explanatory.
d. The tranquility of life either spiritual or material in the family surroundings or
in relation to the community, makes an impact on individual’s mental health. As
a member of a family and community, every individual have their role and
influence in their family and community welfare.
e. The research is now being conducted on the combination of mental health with
Far Eastern knowledge and the knowledge based on medical science.

Article 4
The Minister of Health stipulates regulations on treatment/medication and treatment
home for mental patient.
Initiatives from private institutions to establish a treatment home must have
permission from the Minister of Health as referred to in Article 14 paragraph (1) of
Law concerning Health Principles.

Article 5
The considered guardian such as commander of a barrack leader troop, and other
people who according to the provision of law can act as a guardian.

Article 6
If a patient must be treated in a treatment home, his/her movements will be restraint
from the legal point of view. Such action considered to be a criminal action, unless the
restraining based on a Law.
Therefore a patient can only be admitted with a clarification from a doctor (the report
of Police/Governing Bureaucrats and Justice of State Court).
Based on this Law a doctor who allocates a patient in a treatment home, with a result
that the patient’s movement become restricted, the doctor does not commit a crime.
A doctor who requires a patient to be treated in a Mental Hospital by abusing his/her
status and expertise can be sentenced to by Penal Code (Article 333 and so forth).

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To determine whether a mental health patient should be treated and given medication
in a treatment home, a clarification note must be forwarded by a doctor. The note
clarifies the result of the examination and opinion concerning the patient.
As referred to in Article 11, the Minister of Health conducts a supervision on the
implementation of this Law. To protect the patient’s interest, the Minister of Health
also conducts a supervision on the examination result and the doctor’s opinion.
In the interest of public and safety order and humanity, the officials as referred to in
Article 5 paragraph (1) sub d have the obligation and responsibility to the
implementation of the treatment and medication of the patient.

Article 7
Considering the provision in Article 1, the intended doctor in Article 6 stated that a
person is a mental health patient, accordingly he/she has to acquire a treatment in a
treatment home.
To eliminate doubts on the justification of the aforementioned statement of the doctor,
the Minister of Health can conduct a hearing from the experts.

Article 8
1. If a person in a criminal case gives an impression that he/she can not afford to
think clearly, and the judge suspects that the person is a mentally ill patient,
he/she will be admitted to a doctor, and the doctor must immediately give an
opinion concerning the patient. Because of the nature of the illness, the patient
has to go on observation, and it will carry on for a maximum of 3 months.
2. and 3. Self-explanatory.

Article 9
1. If it appears that a mental health patient can not be liable for the control over
his/her property, since the person causes damage, endangers the surroundings,
the property of the patient is protected by law; by this Article the ownership
protection of the patient is submitted to the judge.
Justice of the State Court properly asks for a consideration to the local instances
such as Religious court or other institutions which deem necessary by the Justice
of the State Court concerning the management of property with the
knowledge/approval of the relevant heir.
2. and 3. Self-explanatory.

Article 10
Further initiatives from the Government for the patients who has undergone
treatment and medication include allocation, placement, rehabilitation and guidance
of former patients in the community.

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In this case, private enterprise shall need support from the Government. Cooperation
shall be needed among Government instances in order to implement this provision.

Article 11
1. The implementation of works in various initiatives in the interest of mental
health, treatment, medication of mental health and shelter for patients included
in this article supervised by the Minister of Health.
The centralization of supervision on the Minister of Health adhered to his
liability to maintain and improve the health standard of the people and the
Nation.
2. See elucidation of Article 3 sub e.

Article 12 to 14
Self-explanatory.

Signed:

Secretary of State

Mohc Ichsan

Supplement To The State Gazette Of The Republic Of Indonesia Number 2805

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