Petitioner Rochmadi Sularsono reading the points of the petition revision through video conference in the judicial review of the Law on Regional Government and the Law on Hospital, Tuesday (12/2) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Ganie.

The Constitutional Court (MK) held the preliminary judicial review hearing of Law No. 23 of 2014 on the Regional Government and Law No. 44 of 2009 on Hospitals on Wednesday (30/1/2019). Petitioner Rochmadi Sularsono read the petition through video conference. He said that the title had been revised and the legal standing improved.

“I elaborated [that] the loss is because the hospital is a structural unit, so it is different from PP [(a government regulation)], but is the same as the provisions of Law Number 44 of 2009, automatically, because it [is stipulated] in Law No. 23,” he explained of case No. 12/PUU-XVII/2018.

Retired civil servant (PNS) Rachmadi Sularsono questioned the multiple interpretations of the status of regional public service agency (BLUD) in relation to the administration of the state or regional general hospital. He requested the judicial review of Article 209 paragraphs (1) and (2) and the appendix of the Regional Government Law as well as Article 7 paragraph (3) of the Hospital Law. He had retired not on his own request, and felt that his constitutional rights were violated because he did not obtain legal protection against the multiple interpretations of the a quo law. He questioned his retirement status that was being processed legally at the state administrative court (PTUN) on disciplinary action for minor offense as a result of the enactment of the a quo article. In addition, the Petitioner argued that his constitutional loss was due to contradiction between Article 209 paragraphs (1) and (2) of the Regional Government Law and Article 7 paragraph (3) of the Hospital Law. In accordance with the provisions of the Hospital Law, hospitals established by the State or Regional Government may be in the form of a Health Service Technical Implementation Unit if they are type C and D. The regional Technical Agency that must conduct its financial management is the regional public service agency (BLUD) and is a Regional Technical Agency or special agency in the health sector. 

Therefore, in the petitum, the Petitioner requested that the Court declare Article 209 paragraphs (1) and (2) and the appendix of the Regional Government Law as well as Article 7 paragraph (3) of the Hospital Law contrary to Article  28D paragraph (1) of the 1945 Constitution and not legally binding. (Arif Satriantoro/LA/Yuniar Widiastuti)