Plenary judicial review of the Health Quarantine, Thursday (16/7) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—Another judicial review hearing 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 Thursday, July 16, 2020. The Petitioner of the case No. 36/PUU-XVIII/2020 is the Indonesian Health Law Society (MHKI), accompanied by its legal team, Zico Leonard Djagardo Simanjuntak and others. The hearing had been scheduled to hear the statements of the House (DPR) and the government.

However, the Ministry of Law and Human Rights had sent a letter requesting to delay the statement, while the House representative was absent due to a House session. Plenary chairman Chief Justice Anwar Usman then postponed the hearing until Tuesday, August 11, 2020.

Also read: Case on Communicable Disease Outbreak Law Sees Additional Petitioners 

Before the session was concluded, Constitutional Justice Enny Nurbaningsih requested to the government, “Since [the Petitioner] requested in their petitum that the Court declare Article 9 paragraph (1) of Law No. 4 of 1984 be declared mandatory, there are things that the government must convey. The Court requests intensive coordination between the Ministry of Finance, BNPB [National Disaster Management Authority], and the parties relevant to the government’s interest.”

The Petitioners requested the judicial review of Article 9 paragraph (1) of the Communicable Disease Outbreak Law, which 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. (*)

Writer: Nano Tresna Arfana
Editor: Lulu Anjarsari
PR: Tiara Agustina
Photographer: Gani
Translator: Yuniar Widiastuti (NL)

Translation uploaded on 7/17/2020 15:21 WIB