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Government’s Expert Dian Puji Nugraha Simatupang delivers testimony at judicial review session on Act of Health Workers, on Tuesday (12/10) at Plenary Room, the Constitutional Court Building. Photo PR/Ganie

 

 

 

The establishment of the Indonesian Health Workers Council (Konsil Tenaga Kesehatan Indonesia –KTKI) intends to establish parent organization that coordinates several health profession councils in order to ease coordination, academics of Universitas Indonesia Dian Puji Nugraha Simatupang delivers testimony as Government’s Expert at judicial review session on Act Number 36 Year 2014 of Health Workers (Undang-Undang Tenaga Kesehatan), on Monday (12/10) at Plenary Room, the Constitutional Court Building.

"The establishment of the KTKI is the political law of the State in order to pattern the synergy between the council or inter-organizational professional health workers, so the authority, coordination, and tasks that are inter-authority, inter-coordination and inter-task could be able to be mediated in synergy and harmony," said her in front of Justice Panel led by Chief Justice Arief Hidayat.

Regarding the independency of each council below the KTKI, Dian explains Act a quo basically provides independency towards each council. According to Dian, each council has independent authority and coordination. “Regarding the independency of each council, Article 34 (1) Act Number 36 Year 2014 still provides independency, so each council has its own norms, authorities, and coordination,” explained him.

Meanwhile, Head of Health Ministry for legislation (Kepala Bagian Peraturan Perundang-Undangan Kementerian Kesehatan) Sundoyo reveals that the idea of the KKI-KTKI merger already appears during the drafting of Act of Health Workers. As Government’s Witness, Sundoyo says the idea intended to conduct efficiency on administration and finance process. Initially, the Executive Board of the Indonesian Doctors Association objected to the idea, however the House of Representatives (Dewan Perwakilan Rakyat –DPR) and the Government agree to ratify it. “The merger is intended to conduct efficient administration, finance and ease coordination between each profession council without removing councils’ independence

Previously, central board of the Indonesian Doctors Association (Ikatan Dokter Indonesia –IDI), the Indonesian Dentists Association (Persatuan Dokter Gigi Indonesia –PDGI), the KKI, et al file petition on Act a quo, which registered in Case Number 82/PUU-XIII/2015. In the petition points, the Applicant claims their rights violated by several Articles in Act of Health Workers. The Articles are Article 1 number 1 and number 6; Article 11 (1) letter a and letter m; Article 11 (2) and (14); Article 12; Article 21 (1), (2), (3), (4), (5) and (6); Article 34 (1), (2), (3), and (5) which regarding health workers. Moreover, the Applicant also questions the constitutionality of Article 35; Article 36; Article 37; Article 38; Article 39; Article 40; Article 41; Article 42; Article 43; Article 90; and Article 94 which regarding the KTKI. 

The Applicant argues, there are conception and paradigmatic errors regarding medical personnel in Act of Health Workers. According to the Applicant, the Act a quo is supposed to differentiate between profession workers (e.g. doctor and dentist) with vocational workers (e.g. dental technician). The Applicant also sues provisions which regulate on the establishment of the KTKI. According to the Applicant, the unification of the Doctors Council with the Dentists Council in the KTKI has lowered doctors’ status. Based on the Act a quo, the KTKI has no supervision, discipline enforcement, and prosecution function. The Applicant assesses, the KTKI as the substitution of the KKI has lost its independency, because the KTKI recently no longer responsible to the President. As known, the KTKI is responsible to Health Minister. (Lulu Anjarsari/IR/Prasetyo Adi N)

 

 

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