Constitutional Justice Suhartoyo chairing the petition revision hearing of the formal judicial review of Law No. 17 of 2023 on Health, Wednesday (10/25/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Muhammad Joni, the legal counsel of the Joint Secretariat of Health Profession Organizations, which consist of five medical and health professional organizations, attended second hearing for case No. 130/PUU-XXI/2023 at the Constitutional Court on Wednesday, October 25, 2023. The hearing for the formal judicial review of Law No. 17 of 2023 on Health was presided over by Constitutional Justices Suhartoyo, Enny Nurbaningsih, and Daniel Yusmic P. Foekh.

At the petition revision hearing, Joni conveyed that his client had added evidence on their statute/bylaws, which explains the parties who have the right to represent them in and out of court, and revised certain parts of their constitutional interest in the formal judicial review.

In addition, Joni conveyed the revision to the argument that the Law is formally, to the explanation of the definition of regional autonomy and education as well as the importance of meaningful participation in lawmaking. The Petitioners argue that it is because its formation did not involve the Regional Representatives Council (DPD).

“The Petitioners have completed the petitum, that is, the petition of formal judicial review of Law No. 17 of 2013 on Health is well within the deadline in accordance with applicable legislation; Law No. 17 of 2013 on Health does not fulfill lawmaking provisions under the 1945 Constitution; and Law No. 17 of 2013 on Health does not have binding legal force,” Joni said.

Also read: Professional Organizations Claim New Health Law Formally Defective

The Joint Secretariat of Health Profession Organizations, which consists of five medical and health professional organizations, filed a formal judicial review petition of Law No. 17 of 2023 on Health (Health Law) to the Constitutional Court (MK). The five organizations are the executive boards of the Indonesia Doctors Association (PB IDI), the Indonesian Dental Association (PDGI), the Indonesian National Nurses Association (PPNI), the Indonesian Midwives Association (IBI), and the Indonesian Pharmacists Association (IAI) as Petitioner I-V, respectively.

At the preliminary hearing on Thursday, October 12, legal counsel Muhammad Joni conveyed that the Petitioners are medical personnel who have been directly affected and have an interest in the formation of the Health Law. The newly-enacted law has deleted, changed, and replaced by norms in the old Health Law, those on professional organizations, councils, collegiums, which are the institutional norms and, at the same time, key articles, thus do not ensure a single forum for medical and health professional organizations.

The new Law has also changed and replaced norms regarding the institution of councils, collegiums, and disciplinary ethics councils without formal procedure that ensure meaningful participation. Moreover, continued Joni, Article 451 in Chapter XIX on Transitional Provisions abolished all collegiums that are the “hearts” of professional organizations and are not government organs nor owned by the Government. The Law has arbitrarily abolished all legal entities of collegiums by enacting Article 451 of the Health Law, which reads, “When this Law comes into force, the Collegium established by each professional organization shall continue to be recognized until the establishment of Collegiums as referred to in Article 272 established under this Law.” This, the Petitioners argued, is in violation of the constitutional right to freedom of association.

Formally Defective

The Petitioners believe the Health Law formally defective as the DPD (Regional Representatives Council) did not participate in discussing the Health Bill. The absence of the DPD’s considerations is against the lawmaking procedure as prescribed in Article 22D paragraph (2) of the 1945 Constitution.

Therefore, in their petitum, the Petitioners ask the Court to declare the Health Law unconstitutional and not legally binding. 

Author       : Sri Pujianti
Editor        : Nur R.
PR            : Muhammad Halim
Translator  : Najwa Afifah Lukman/Yuniar Widiastuti (NL)

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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