Regional autonomy expert Djohermansyah Djohan testifying as the Petitioners’ expert at a formal judicial review hearing of Law No. 17 of 2023 on Health, Monday (1/22/2024). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The Constitutional Court (MK) held another formal judicial review hearing of Law No. 17 of 2023 on Health (Health Law) for case No. 130/PUU-XXI/2023 on Monday, January 22, 2024. The case was filed by the Joint Secretariat of Health Profession Organizations. The hearing had been scheduled to present the Petitioners’ experts and witnesses.

Testifying as an expert, regional autonomy expert Djohermansyah Djohan said that the Regional Representatives Council’s (DPD) attended House of Representatives (DPR) hearings as representation of the regions who fight for their aspirations, including in the proposal of bills of laws relating to regional autonomy or those impact the regions’ interests in handling their affairs. However, on some matters, the central government tend to avoid involving DPD in discussing laws, such as in the drafting of Law No. 17 of 2023 on Health.

Djohan believes, such attitude aligns with the legal politics of recentralization or deautonomization. This, he added, should be corrected since it is against the constitutional mandate of vast regional autonomy as well as the spirit of the 1998 Reform, which demands that regional autonomy be given a large space in the the Unitary State of the Republic of Indonesia (NKRI).

“DPD serves to channel regional aspirations as guaranteed by the Constitution. Its non-involvement can lead to formal defect as a consequence of violation of the constitutional law. The House cannot replace DPD, which is recruited from individuals or independents, since the House is a political representation based on electoral districts, where its lawmaking decisions are determined by the factions based on the party leaderships’ directives,” he explained.

Legal Consequences of DPD’s Non-involvement

Next, law expert Laica Marzuki testified on the legal consequences of DPD’s non-involvement in the drafting of the Health Law. Article 1 of Law No. 23 of 2014 on Regional Governments stipulates that regional autonomy be the right, authority, and responsibility of autonomous regions to manage and handle government affairs and the local community’s interests within NKRI. DPD’s non-involvement in the Health Law not only hindered regional autonomy, but also harmed the positions and interests of medical personnel, which are spread throughout NKRI.

“The Petitioners attended the Commission IX hearing meeting, but were only asked for inputs. The positions and interests of professional organizations were removed from the problem inventory list that the Government proposed to the House. Constitutionally, the formation of the Health Law, which did not involve DPD during discussions, means it must be deemed no longer valid,” Laica said virtually.

Impact of Health Law

Witness Prof. Dr. Zainal Muttaqin, a neurosurgeon, revealed the response to criticism against the Health Law through electronic media. Zainal’s critical articles in the media served to give the Government inputs, but ended with his dismissal.

Meanwhile, chairman of the Indonesian Pharmacy Technicians Association (PAFI) Budi Djanu Purwanto revealed that he had fulfilled the House’s legislative body’s invitation to provide inputs on the health bill. However, at the meeting there was no discussion, question, or expression of opinion.

“[I] was also invited by the House Commission IX working committee on the health bill, which was the same as the invitation by the legislative body, where the same inputs and material were presented and there was no question, response, or discussion. [I] didn’t even get the academic paper and the health bill, when they were already available in the public. The legislative body admitted that they didn’t know who leaked those documents. For the third time, [I] was invited by the director-general of health personnel, which mentioned the academic paper and the bill. Upon reading, the term ‘pharmacy personnel’ without any explanation. [I] provided some input, but they only noted it and there was no discussion on what [I] presented. When the law took effect, it had changed, so it impacted the graduates of academic programs who then could not practice because the Law requires that academic graduates must pursue professional studies,” Budi explained.

Next, the Indonesian Nutrition Association (PERSAGI) secretary-general Sugeng Eko Irianto testified about him attending six invitations to health bill drafting meetings. However, he said, inputs expressed at those meetings were not included in the Health Law that the legislatures approved.

Also read:

Professional Organizations Claim New Health Law Formally Defective

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

Health Law Formed to Improve People’s Quality of Life

PDSI, P2KPK Talk Public Participation in Health Law’s Drafting Process

House Explains Professional Organizations’ Participation in Health Law’s Drafting

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.   

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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