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" The Transnational Legal Process of Global Health Jurisprudence: "
Okta, Siradj
Walsh, Walter J
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Latin Dissertation
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| Language of Document
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English
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| Record Number
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1106478
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| Doc. No
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TLpq2395334875
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| Main Entry
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Okta, Siradj
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Walsh, Walter J
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| Title & Author
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The Transnational Legal Process of Global Health Jurisprudence:\ Okta, SiradjWalsh, Walter J
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| College
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University of Washington
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| Date
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2020
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| student score
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2020
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| Degree
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Ph.D.
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| Page No
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260
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| Abstract
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As one of the most pressing global health priorities, HIV disruption requires effective transnational work. There is growing confidence among experts about ending AIDS by 2030. In Indonesia, a country with one of Asia’s fastest-growing HIV epidemics, the law is instrumental to achieve that goal. Nonetheless, national laws and policies that undermine HIV prevention are continuously being adopted or preserved. This suggests that the presence of global health jurisprudence does not necessarily lead to national legal processes to enable HIV prevention policies. This situation raises the central question of whether the perpetuation of national legal barriers to HIV prevention is associated with Indonesia’s internalization of global health jurisprudence. This study uses Professor Harold Koh’s transnational legal process theory to examine the transfer of global health jurisprudence by looking at Indonesia’s interaction at the global level, interpretation of norms, and domestic internalization thereof. As a multi-method study with an inductive reasoning approach, this research utilizes a qualitative data analysis of international organizations’ laws and policies, public/private institutions’ policies, international treaties, Indonesian laws, and relevant public records. The study explores both the spatial and temporal development of global health jurisprudence throughout the HIV epidemic in Indonesia. At the national level, the study examines the laws and policies that are significant to HIV prevention and discusses the legal processes by taking the identified norms on global HIV prevention into account. After decades of Indonesia’s participation in the global HIV response, this dissertation discusses a legal barrier that is prevalent across twenty-three out of thirty-four provinces in the country: HIV criminalization. Knowing that HIV criminalization is a legal impediment to a mainstream HIV reduction and eradication program, this dissertation concludes that the country’s internalization is rather deficient.
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Law
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