Indonesian General Practitioner Association (PDUI) filed a lawsuit for judicial review on Act 20/2013 (Medical Practice) on Tuesday (11/18). Muhammad Joni, who represented the petitioners cited that requirement of GP competency test has harmed medical practice system, especially for the GP.
Petitioners pleaded 13 Articles in the Act, namely Article 1 number 9, Article 7 paragraph (5) letter b and paragraph (9), Article 8, Article 36 paragraph (1), paragraph (2), an paragraph (3), Article 39 paragraph (1) and paragraph (2) Act of Medical Education.
According to the Petitioners, Article 1 number 9 a quo Act has no legal certainty. The Article allegedly dims “primer service doctor”. The Article says.
Article 1
9. Doctor is doctor, primer service doctor, medical-degree specialist, which acknowledged by the Government.
The provision was deemed has different meaning with doctor definition in Medical Practice Law. The later says doctor is doctor and medical specialist. Phrase primer service doctor in former has incited ambiguity for competency permit and legal matter.
“The provision within the Act has spurred new class of doctor which to this date has been adjudicated in medical practice Act. Doctor is doctor and specialist and practically primer service doctor is unrecognizable,” Joni said.
Moreover, considering other Articles in Medical Education Law, primer service doctor is actually GP. But somehow, it becomes even more faint as Article 8 paragraph (3) of which emphasizes that prime service doctor, who has been through specialist-education level, is not qualified as specialist doctor.
Competency Test Dualism
The Petitioners also contended competency which has to be done to complete doctor profession program. The provision is contained in Article 36 paragraph (1), paragraph (2) and paragraph (3). The provision induced in the Article was deemed removing certainty over doctor profession. Because, it appears that there are two institutions that have competency to perform doctor competency test. (Yusti Nurul Agustin/kun)
Tuesday, November 18, 2014 | 19:33 WIB 179