Vice Chairman of Commission IX Emanuel Melkiades Laka Lena at a formal judicial review hearing of Law No. 17 of 2023 on Health, Thursday (1/11/2024) in the plenary courtroom. Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Medical and health professional organizations were involved in drafting the health bill. Materials in the Law were also adjusted following inputs from stakeholders based on historic, juridical bases, said Vice Chairman of House of Representatives (DPR) Commission IX Emanuel Melkiades Laka Lena at a formal judicial review hearing of Law No. 17 of 2023 on Health (Health Law) for case No. 130/PUU-XXI/2023 on Thursday, January 11, 2024 in the plenary courtroom. The case was filed by five medical and health professional organizations.

Emanuel then explained the chronology of the bill’s drafting. In October 2022, the House’s legislative body (baleg) held a hearing meeting (RDPU) with the Indonesian National Nurses Association (PPNI), the Indonesian Midwives Association (IBI), and the Indonesian Pharmacists Association (IAI) to hear their inputs on the bill.

On that same day, the legislative body joined a meeting for the same agenda alongside the Indonesian Doctors Association (IDI), the Association of Indonesian Public Health Graduates (Persakmi), the Indonesian Dental Association (PDGI), and the Indonesian Pharmacy Technicians Association (PAFI). Next, on November 17, 2022, it also held a hearing meeting with IDI, PDGI, and the Indonesian Health Service Association (Adinkes).

“The results [of the meetings] were taken into consideration in drafting the academic paper and the health bill. Then, on February 14, 2023, the legislative body submitted the bill to the Commission IX for discussion with the Government,” Emanuel explained before Chief Justice Suhartoyo, Deputy Chief Justice Saldi Isra, and the other constitutional justices.

Professional Organizations

At the hearing, the Petitioners presented Menaldi Rasmin as an expert. Menaldi explained that professional organizations are the Government’s strategic partners whose participation in lawmaking is crucial because its members are experts in education. In addition, these organizations also have a main duty to protect the community. On the other hand, associations might not have a leadership structure and might only be a forum for professionals in the same field of work, such as health.

Menaldi added that professional organizations in Indonesia, especially those in health, are also members of the World Medical Association. They have the duty and responsibility to protect the community and develop their profession to uphold their code of ethics.

“Therefore, full participation of professional organizations as well as medical councils and health professionals in drafting regulations at the level of laws is crucial in guaranteeing the safety of patients and the community’s health,” Menaldi stressed.

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PDSI dan P2KPK Ungkap Partisipasi Masyarakat dalam Penyusunan UU Kesehatan

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  : 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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