The Petitioner’s attorney Aisyah Sharifa with Zico Leonard Djagardo Simanjuntak delivering the revision points to the petition of the judicial review of the Health Quarantine on Tuesday (7/7) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The revision hearing of the judicial review of Law No. 4 of 1984 on Communicable Disease Outbreaks and Law No. 6 of 2018 on Health Quarantine was held by the Constitutional Court (MK) on Tuesday (7/7/2020). The Petitioner of case No. 36/PUU-XVIII/2020 is the Indonesian Health Law Society (MHKI), accompanied by its legal team, Zico Leonard Djagardo Simanjuntak, and others. 

Zico Leonard Simanjuntak conveyed the revision to the petition regarding the addition of Petitioners II, III, IV, and V. Petitioner II is a pulmonary specialist at Pasar Rebo Regional Hospital (RSUD) and Harapan Bunda Hospital and handled COVID-19 patients at Wisma Atlet Kemayoran and saw limited number of personal protective equipment (PPE) while on duty with other medical teams. 

"Petitioner III is a doctor at Cengkareng Regional Hospital, but works in a referral hospital for COVID-19 patients and also saw limited PPE. Petitioners IV and V are doctors who work in first-level health facilities at high risk of contracting COVID-19 because [they…] examine COVID-19 suspects," explained Zico to panel chair Constitutional Justice Enny Nurbaningsih along with Constitutional Justices Saldi Isra and Manahan M. P. Sitompul.

The Petitioners added Law No. 12 of 2011 in the Constitutional Court’s authorities in accordance with the advice of the justices at the preliminary hearing. The Petitioners reiterated the government’s important role and responsibilities in dealing with the COVID-19 pandemic, including giving incentives for medical workers and health facility staff members as well as compensation for medical personnel who died on duty from COVID-19. 

The Petitioners requested the judicial review of Article 9 paragraph (1) of the Communicable Disease Outbreak Law that they considered detrimental to their constitutional rights. The article reads, "Certain officers who carry out the outbreak prevention efforts as referred to in Article 5 paragraph (1) may be given an award for the risks borne while carrying out their duties." They also requested the material review of Article 6 of the Health Quarantine Law, which reads, "The Central and Regional Governments are responsible for the availability of resources needed in administering health quarantine." 

The Petitioner stressed that the state is obligated to provide personal protective equipment (PPE) for health workers in charge of fighting COVID-19 as a fair legal protection and state responsibility to provide proper health facilities. The high transmission rate of COVID-19 requires the provision of health facilities for health workers, especially PPE, which is imperative for health workers in treating patients during the COVID-19 pandemic.

They believe that the lack of regulation on the provision of PPE has led to many health workers working without PPE that meets standards. In addition, healthcare facilities that want to provide PPE independently must face increasingly costly and scarce PPE in the market. This has led to many health workers contracting COVID-19 in the last two months. The main factor causing the transmission of [COVID-19] among medical personnel is low supply of and substandard PPE. (Nano Tresna Arfana/tir/LA)

Translated by: Yuniar Widiastuti

Translation uploaded on 7/8/2020