Secretary of the Observer of Medical Education and Health Services Judilherry Justam testifying as a Relevant Party at a judicial review hearing of the Health Law, Monday (12/18/2023). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The All-Indonesia Doctors’ Association (PDSI) and the Observers of Medical Education and Health Services (P2KPK) were relevant parties at a formal judicial review hearing of Law No. 17 of 2023 on Health (Health Law) on Monday, December 18, 2023 in the plenary courtroom. 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.

In his testimony at the hearing, P2KPK secretary Judilherry Justam revealed community participation during the process of forming the Health Law. He explained that the P2KPK actively played a role in proposing concepts for the drafting of the Health Bill.

“The [P2KPK] has proposed a concept to restore the Indonesian Doctors Association (Ikatan Dokter Indonesia) to its original context before the enactment of Law No. 29 of 2004 on Medical Practice. These opinions and input were submitted as consideration for the lawmakers in the drafting of the Health Bill,” said Judil.

PDSI’s legal counsel Mukhlish Muhammad Maudud also conveyed that PDSI had been involved in the drafting of the Health Law. In fact, it was invited by the Regional Representatives Council (DPD) to participate in the drafting process.

“The Relevant Parties request the Court to reject the petition because it discusses health funding, which is not in accordance with the formal review,” Mukhlish explained at the hearing led by Chief Justice Suhartoyo.

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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 is 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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