Legal counsel Viktor Santoso Tandiasa conveying revisions to the petition virtually at the material judicial review of the Medical Law on the authority of the Indonesian Medical Disciplinary Board, Tuesday (1/10/2022). Photo by MKRI/Ifa.

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Tuesday, January 10, 2023 | 14:06 WIB

JAKARTA (MKRI) — The Constitutional Court (MK) held the second material judicial review hearing of the authority of the Indonesian Medical Disciplinary Board (MKDKI) as regulated in Law No. 29 of 2004 on Medical Practice on Tuesday, January 10, 2023. The hearing was presided over by Constitutional Justices Daniel Yusmic P. Foekh, Suhartoyo, and M. Guntur Hamzah.

Four new petitioners who are doctors and prospective doctors (medical students) joined the case alongside the first petitioner, Gede Eka Rusdi Antara. Legal counsel Viktor Santoso Tandiasa said that initially the Petitioners of case No. 119/PUU-XX/2022 had challenged Article 59 paragraph (1), Article 59 paragraph (2) letter g, and Article 69 paragraph (1) of the Medical Law. However, they would like to change the articles to Article 60 and Article 69 paragraph (1) of the Medical Law.

“Petitioners I and II are doctors, who are directly impacted by the enactment of the a quo articles since disciplinary actions were taken against them. Meanwhile, Petitioners III and IV are doctors, thus according to logical reasoning have legal standing. Then Petitioner V is a member of the Student Executive Body from the Faculty of Medicine and inevitably will become a doctor and might suffer the same impairment,” Viktor explained.

Another legal counsel, Ardiyanto Panggeso, said the Petitioners filed the petition as they believe the a quo articles to be in violation of Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution.

Also read: Requirements for Medical Disciplinary Board Members Challenged

At the preliminary hearing on Thursday, December 15, 2022, the Petitioner challenged the aforementioned articles against Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution. The Petitioner’s registration certificate (STR) was temporarily suspended for 12 months, from 24 October, 2022 to 24 October, 2023 based on a decision by the MKDKI, where his medical practice was suspended. Consequently, he was dismissed from Surya Husadha General Hospital, Sanglah Denpasar Central General Hospital, and Bali Royal General Hospital.

The Petitioner then filed a civil lawsuit and criminal report to the police. The MPD only conducted a disciplinary hearing, whose decision informed the MKDKI’s decision, which in turn informed the KKI’s (Indonesian Medical Council) decision, which cannot be reviewed or appealed. As a result of Article 59 paragraph (1) and Article 59 paragraph (2) letter g of the Medical Law, the Petitioner did not receive competent and impartial assessment of his medical practice.

In addition, Article 69 paragraph (1) of the Medical Law kept the Petitioner from having the opportunity to pursue transparent and fair tiered reviews because the MPD’s decision directly informed the MKDKI’s decision and was binding for the KKI. The article has also prevented fair legal certainty because the MKDKI’s decision could be used as a basis for civil and criminal lawsuit.

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

Translation uploaded on 1/10/2023 07:23 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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