Petitioner of case No. 49/PUU-XXII/2024 conveying the petition’s subject matter at a judicial review hearing of Law No. 17 of 2023 on Health, Tuesday (7/2/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held a preliminary hearing for the judicial review of Article 212 paragraph (2) of Law No. 17 of 2023 on Health on Tuesday, July 2, 2024 in the plenary courtroom. It was presided over by Chief Justice Suhartoyo and Constitutional Justices Enny Nurbaningsih and M. Guntur Hamzah.

The panel examined cases No. 49/PUU-XXII/2024 and No. 50/PUU-XXII/2024—the former filed by Shafa Syahrani, Satria Prima Arsawinata, and Bunga Nanda Puspita while the latter by Iwan Hari Rusawan.

Legal counsel of the Petitioners of case No. 49/PUU-XXII/2024, Kurnia Nurfitrah, stated that the Petitioner had been harmed by the change to Article 212 paragraph (2) of the Health Law, which keeps graduates of non-physician medical programs from being able to receive a registration certificate (STR) directly after graduating from the programs. The Petitioners argue that they had selected concentrations within their studies corresponding to their skills and interest.

“Obtaining an STR should not be directly related to professional education. This means that to obtain an STR, graduates of undergraduate health programs are not required to complete professional education first. Having an undergraduate diploma, these graduates can take part in a competency test and obtain an STR. However, in reality, KTKI (Indonesian Health Workers Council), in this case the Ministry of Health of the Republic of Indonesia, seems to interpret that in order to obtain an STR, graduates of undergraduate health programs must first complete professional education. This can be seen from the STR application page on the KTKI website, which no longer includes application for graduates of undergraduate health programs,” she said.

The Petitioners assert that the change to the law undermines all forms of these graduates’ life goals as now they have to take professional education once more. KTKI's definition has a big impact on people who had taken and passed a competency test and are waiting for the issuance of STRs. Now their STRs cannot be issued, while Article 260 of Law No. 17 of 2023 stipulates that the STR should be issued.

The Petitioners basically question the graduates of undergraduate health programs’ obligation to complete professional education to practice as health workers. Specifically, they feel disadvantaged by the sudden enactment of Article 212 paragraph (2) of Law No. 17 of 2023 without transitional provisions that should have opened the opportunities for them to practice and receive a professional certificate without such an obligation.

Therefore, the Petitioners request the Court to exclude the provision of Article 212 paragraph (2) of Law No. 17 of 2023 for students already enrolled in undergraduate health programs before the enactment of the a quo article (August 8, 2023), who were directly impacted. Meanwhile, those registered after the enactment of should be considered to have been aware of it.

Testimony by Circumcision Expert

At the hearing, Petitioner of case No. 50/PUU-XXII/2024 Iwan Hari Rusawan, stated that Article 212 paragraph (2) of Law No. 17 of 2023 only caters to professional education and higher education in tertiary education institutions, while practitioners who received traditional education,  such as circumcision experts such as he, are left out.

He also asserted that all health workers must have professionalism, knowledge, and competency, but not all of them must have had tertiary education. Various international institutions also recognize health workers who have not had tertiary education.

Because the Petitioner is not treated like a graduate of a foreign (university) education and is not given special options, he does not have the opportunity to prove and his ability in the competency test for health personnel. As such, he cannot apply for an STR, unlike other health workers.

Justices’ Advice

In response, Constitutional Justice Enny Nurbaningsih said that the petitions have followed the format stipulated in the Constitutional Court Regulation (PMK) No. 2 of 2021. “The subject has shown that you are requesting the judicial review of Article 212 paragraph (2) of Law No. 17 of 2023, which is an omnibus law. You should add in the elaboration of legal standing the explanation of the old law that provided the Petitioners with a basis for applying for a competency test to receive an STR. Please clarify, the difference between the old and the new laws,” she advised.

Author            : Utami Argawati
Editor             : N. Rosi
PR                 : Tiara Agustina
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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