The Association of Indonesian Private Medical Schools (HPTKES Indonesia) conveying revised petition at the judicial review hearing of Article 21 of Law No. 36 of 2014 on Health Workers, Monday (11/15/2021). Photo by Humas MK/Bayu.

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Monday, November 15, 2021 | 14:00 WIB

JAKARTA, Public Relations—The Constitutional Court (MK) held another material judicial review hearing of the provision on the competency assessment of medical students in Article 21 of Law No. 36 of 2014 on Health Workers for case No. 56/PUU-XIX/2021 on Monday, November 15, 2021. The petition was filed by the Association of Indonesian Private Medical Schools (HPTKES Indonesia).

At the virtual hearing chaired by Constitutional Justice Daniel Yusmic P. Foekh, the Petitioner through counsel Guntur Abdurrahman conveyed the revisions on the subject, legal standing, merit of the petition, and petitum.

“The merit of the petition is that the Petitioner believes the enactment of the provisions of Article 21 paragraph (1) along the phrase ‘nationally’ and paragraph (7) of the Health Workers Law are against the principle of legal certainty and justice as they have put the Petitioner at a disadvantage,” he said.

Also read: Provision on Competency Assessment for Medical Students Challenged

At the preliminary hearing, the Petitioner argued that the Ministry of Education, Culture, Research, and Technology (Kemendikbudristek) had misinterpreted Article 21 of the Health Workers Law, which lead to the violation of the Petitioner’s constitutional rights. Kemendikbudristek issued the Decree of the Minister of Education and Culture No. 755/P/2020 on August 20, 2020, which entered into force on May 4, 2020 as a derivative of Permendikbud (Regulation of Minister of Education and Culture) No. 2 of 2020 on the Procedure for Implementing Student Competency Assessment in the Health Sector, which is a derivative of Article 21 of the Health Workers Law. With the Permendikbud in place, currently the graduation of medical students is determined through a competency assessment by the National Health Students Competency Board.

They also argued that the mandatory competency certification to finish studies restricts students to move up on the following step, be it a higher level of studies or work. Therefore, in the petitum, the Petitioner requested that the Court declare Article 21 of the Health Workers Law unconstitutional insofar as interpreted as ‘based on Permendikbud No. 2 of 2020’ and ‘the universities does not play a role in determining the students’ graduation in the competency assessment.’

Writer        : Utami Argawati
Editor        : Lulu Anjarsari P.
PR            : Fitri Yuliana
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/15/2021 14:30 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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