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The Constitutional Court (MK) held a hearing review on Hospitals Act filed by Muhammadiyah Central Board, Thursday (27/6). At this meeting Petitioners presented witnesses who are directors of Muhammadiyah Hospital in the various regions. The witness revealed that RS they lead do not get permission because they did not qualify.

Petitioner’s first witness, doctor Muhammad Ma’mun Shukri who is the Director Delangu Muhammadiyah Hospital, Klaten, said the hospital he led a public hospital owned by Muhammadiyah. Ma’mun said permission to remain has expired Delangu Muhammadiyah Hospital in October 2009. However, as a director, Ma’mun was filed four months before the permit runs out to the Health Department permit Klaten and KPT (Office of Integrated Services) Klaten. At that time, the first time the agency which gives permission for the hospital, who gave permission was previously the Central Health Department.

Ma’mun then said, during August to October 2009 turned out not permit. The reason, the Department of Health for the first time Kleten serve renews the license and the new legislation. "So long as nine months, the hospital that I lead no permission. Having pressed all the way down in August 2010 issued a temporary permit for one year only, after which there should be a permanent permission. The permanent license must match the specified terms," said Ma’mun.

During the one-year validity period of the provisional license, admitted Ma’mun established intensive communication with the government and KPT Klaten. However, until the temporary license expires, we still did not get a permanent license. So for two months and then also do not have a license. After two months we still pressed on, even to the Ministry of Health. Then answered there will be Permenkes governing the licensing. After two months of vacuum, come a new permanent license with the record, licensing must be completed for a year," explained Ma’mun.

Then, Ma’mun said during mass vacuum without permission, he was concerned and very chaotic management of the hospital because they had no permit. Difficult cases refer to RS Muhammadiyah Delangu made him scared because the risk is great and the unreleased permanent license. Mamun said the losses his party feel, which when previously many patients who went to RS Muhammadiyah Delangu but because there is no end in one month permit can reach 40 cases should be referred to another hospital. "As long as there is no permission, we cannot work together with third parties such as the Health Insurance and other insurances because we did not have a permit, your honor," said Ma’mun.

It also expressed Edi Sumarwanto dentist who also served as director of Kendal Muhammadiyah Hospital and Health Assembly Executive Board of Muhammadiyah MPKU. Edi admitted as a witness to the birth of the RS Law on Health Assembly that would make MPKU Muhammadiyah trouble.

Edi give an example, RS Muhammadiyah mother and child who has a permit from the Ministry of Health and Medical Services Director General signed the MOH. However, the permit expired in 2010. After its license expired and RS are considered advanced, then the RS is like "first class" with a public hospital. In accordance with RS Act, the health department should be asked specific legal entity that oversees the hospital only.

Meet it, the United Muhammadiyah hospital the mother had established a legal foundation itself is to get permission. However, doctors are going status and other employees who previously Muhammadiyah employee status changed to doctors and employees of the foundation. Unfortunately, once developed and licensed, maternal and child hospitals that already exist are difficult to be invited to "agree" with Muhammadiyah.

"The new foundation feels more independent so that policies and programs are sometimes not in line with the policy of Muhammadiyah. RS so difficult invited to meet in the deliberations because it has an independent foundation. So, we as a Board of Muhammadiyah Health Assembly felt was missing from the ownership RS Muhammadiyah. 

As known, PP Muhammadiyah review of Article 7 paragraph (4), Article 17, Article 21, Article 25 paragraph (5), Article 62, Article 63 paragraph (2) and paragraph (3), and Article 64 paragraph (1) of Law No. . 44 Year 2009 on Hospital deemed unconstitutional. No matter the applicant. This 38/PUU-XI/2013 previously explained private hospitals have established a legal entity whose business activities engaged in hospitalization only contrary to the provisions of Article 28 of the 1945 Constitution. This provision reduces constitutional rights as those who have had the status of legal entities that do not conflict with the statutory provisions. It is the same with no title and assembled in the form of Persyarikatan Muhammadiyah applicant who has been recognized by the state since before independence.

In addition, Article 17 of the Act which determines RS RS that do not meet the requirements are not given permission to establish, revoked or not renewed operating permit RS, RS Muhammadiyah causing all be owned Applicant has no legal certainty only because of established and owned by the Persyarikatan Muhammadiyah not established in the form of legal entity specifically about the hospital. In addition, the provisions of Articles 62 and 63 of Law RS is clearly contrary to the right of an applicant who has a business charity hospital founded by Persyarikatan Muhammadiyah guaranteed by the constitution. (Yusti Nurul Agustin / mh)

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