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Constitutional Court declared a ban on the dental artisan profession in Act 29 of 2004 on Medical Practice conditionally unconstitutional. Therefore, the dental professional handyman can be inserted or categorized in one type of traditional Indonesian health services that should be protected by the state.

"The Court found Article 73 paragraph (2) of Law 29/2004 against the 1945 Constitution on parole is unconstitutional when the ban was imposed in this article on dental builders who have permission from the government," said Hamdan Zoelva read the Constitutional Court verdict in the trial of Case no. 40/PUU-X/2012, Tuesday (15/1) morning, at the Plenary Court Courtroom.

Court’s view, the principle of Article 27 paragraph (2) of the 1945 Constitution explicitly states that every citizen has the right to employment and decent living for humanity. "Thus, the state protects the right of every citizen to work in order to earn a decent living for humanity," said Hamdan.

Protection state on a job and earn a decent living for humanity is the implementation of the human rights of everyone to work and receive remuneration and equal treatment in employment and decent. Therefore, the protection of the state on a job and the right to return is not applied in a discriminatory manner in the sense of giving preferential treatment to certain jobs and ignore or eliminate the type of work to another without providing a clear solution or settlement of the country.

Hamdan explained, irregularities and violations committed by the builders gear or also because of the limited capabilities of the worker in performing dental work can be completed through the development, licensing, and supervision. Guidance is intended to have a basic knowledge of dental artisans’ dentistry so that it can carry out the work in accordance with the regulations. "As the Government of the midwife who delivered," he said.

Supervision, continued Hamdan, intended to control the work of artisans’ teeth to carry out the work in accordance with the standards set by the government and imposed sanctions on handyman who infringe or misappropriate dental work. As for licensing, it is intended as a handyman legalization gear to perform work according to the capabilities and expertise of artisans’ teeth.

"It should be based on the authority granted by the legislation between the dentist and the dental worker synergy and support one another in an effort to improve dental health, especially the health of society," he said.

Consequently, it also applies to Article 78 of the Medical Practice Act governing criminal prosecution for violations of Article 73 paragraph (2) is. "Constitutional along the norm in Article 78 of Law 29/2004 does not include dental worker who got permission from the government," said Hamdan.

Previously, the government says the elimination of dental work is based on the reason for handyman work at risk, so it can only be done by competent personnel. According to the Court, it is not the right solution, because in addition to the presence of dental work builders had previously existed before dentistry in Indonesia, where artisans’ teeth can be an alternative for people to obtain affordable dental care.

Finally, in the ruling of the case filed by Dental Artisan Hamdani Prayogo, Chief Justice of the Constitutional Court Moh Mahfud MD asserts that Article 73 paragraph (2) Medical Practice Act contravenes the 1945 Constitution as long as interpreted, "It is forbidden to use the tools, methods or other ways of providing services to people who give the impression as if the question is a doctor or dentist who has had a letter of registration and / or practice license, except carpenters dental practice received permission from the Government ".

Furthermore, Article 78 of Law Practice of Medicine is also contrary to the 1945 Constitution stated the extent not understood, "Any person who knowingly using tools, methods or other means to provide the public an impression as if the question is a doctor or dentist who has have a doctor’s letter or a letter of registration marks registration marks or dental practice license, except carpenters dental practice received permission from the Government referred to in Article 73 paragraph (2) shall be punished with imprisonment of 5 (five) years or a fine of Rp 150,000,000.00 (one hundred and fifty million dollars) is a handyman teeth ". (Dodi / mh)

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