The Government’s representative conveying the request for the delay of the formal judicial review hearing of Law No. 17 of 2023 on Health, Tuesday (11/21/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another hearing for the formal judicial review of Law No. 17 of 2023 on Health (Health Law) on Tuesday, November 21, 2023. The case No. 130/PUU-XXI/2023 was filed by five medical and health professional organizations that are members of the Joint Secretariat of Health Profession Organizations.

This third hearing had been scheduled to hear testimonies from the DPR (House of Representatives) and the President/Government. However, the House was not present at the hearing. Meanwhile, the President/Government’s representative who attended the hearing reported that they were not yet ready to provide testimony.

“Therefore, the Court reschedules the hearing to Thursday, December 7, 2023, at 10:30 WIB, with the same agenda, to hear the testimonies of the House and the President,” stated Chief Justice Suhartoyo alongside Deputy Chief Justice Saldi Isra and six other constitutional justices in the plenary courtroom.

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Professional Organizations Claim New Health Law Formally Defective

Five Medical Professional Organizations Revise Formal Judicial Review Petition on Health Law

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 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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