Constitutional Court (MK) grants some petitions on Hospital Act’s Judicial Review as filed by Muhammadiyah Union, Thursday (22/5). MK stated that public hospitals which handled by legal institution are non-profit, like Muhammadiyah-owned hospital, doesn’t have to be legal institution when its main business is hospital.

Prior to the session, Muhammadiyah pled point on Hospital Act Article 7 Verse (4) in which says private hospital has to be shaded in Hospital-specialized legal institution. In the Article, the phrase “Hospital-specialized legal institution” was seen to hamper Applicant’s business to stretch in hospital area. Muhammadiyah is known as civil society organization that lengthens its branch in hospital area for decades, whereas Muhammadiyah is not legal institution matches with the Act had required. Thus, Muhammadiyah-owned hospitals are not acknowledgeable. Muhammadiyah itself convinced that its hospitals are only meant for the good of social matters.

On that pleading, MK sees the hospital-specialized legal institution requirement has disregarded the rights of any organization or foundation to contribute in social matter. Moreover, private hospitals actually support government’s duty to facilitate healthcare for the people.        

Besides, MK considers the requirement may lead to hospitals’ closing, a contrary to the intention of the Hospital Act. Therefore, it may harm people’s right and interest in getting healthcare proper facility.

Related to hospital protection, MK states the protection will be given for all legal institution, both hospital-specialized and another legal institution, under authorization from its main organization in accordance with the Constitution.

“If the Article 7 verse (4) Act 44/2009 and its explanation as driven by the Act framers states to give protection over loss of other unit may harm the hospital under the same institution,  MK views the loss will only harm private institution not a non-profit institution, namely foundation or united.” Deputy Head of MK, Arief Hidayat recited MK’s opinion on 38/PUU-XI/2013 verdict.

Moreover, MK states that the Act (UU RS) had wrongly perceived hospital as “business”. MK understands that many hospitals work on social voluntary activity, giving proper healthcare for the people, and non-profit minded.

In its ruling, MK states the phrase “Hospital-specialized legal institution” in the Article 7 verse (4) in UU RS is conditionally unconstitutional.(Yusti Nurul Agustin/mh)