The constitutional justices entering the courtroom for a judicial review hearing of Law No. 17 of 2023 on Health, Monday (7/15/2024). Photo by MKRI/Ilham W.M.

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JAKARTA (MKRI) — The judicial review petitions of Article 212 paragraph (2) of Law No. 17 of 2023 on Health have been revised and the revisions were conveyed at a hearing on Monday, July 15, 2024 in the Constitutional Court (MK). The petition revision hearing for cases No. 49/PUU-XXII/2024 and No. 50/PUU-XXII/2024 was presided over by Chief Justice Suhartoyo (panel chair) and Constitutional Justices Enny Nurbaningsih and M. Guntur Hamzah.

The Petitioners of case No. 49/PUU-XXII/2024 have revised the explanation of their constitutional impairment, which were explained by legal counsel Kurnia Nurfitrah. Shafa Syahrani (Petitioner I) argues that she has suffered actual loss because after graduating from the undergraduate nutrition study program at the State University of Makassar in 2023, she could not take a competency test, thus was unable to receive a registration certificate (STR) in order to start practicing her profession.

“The sudden [enforcement of] Article 212 paragraph (2) has led to the constitutional impairment of Petitioner I. She could not take a competency test despite having prepared for it,” said Kurnia, who attended the hearing on site.

Meanwhile, Satria Prima Arsawinata (Petitioner II), an eighth-semester student of the undergraduate nutrition study program at the Faculty of Sport and Health Sciences of State University of Makassar, could potentially suffer constitutional impairment due to the mandatory professional training, which is financially burdensome thus reducing the opportunity to practice as a health professional.

Next, Bunga Nanda Puspita (Petitioner III), who graduated from the undergraduate nutrition study program at Mitra Indonesia University in 2019, argues that she has suffered specific and actual loss. She has taken a competency test in vain because her registration certificate (STR) cannot be issued as she has not yet taken the required mandatory professional training.

The Petitioners argue that the revision of the law has invalidated their life goals, for which they and other students of healthcare programs have prepared for, as now they will have to undergo more mandatory professional training. Those who have taken and passed a competency test and are waiting for an STR have also been disadvantaged as now they cannot receive it without completing the mandatory professional training, when in fact, consistent to the elucidation to Article 260 of the Health Law, the certificates should be issued regardless.

The petition essentially challenges the mandatory professional training that students of healthcare programs have to take in order to be able to practice as healthcare professionals, specifically as the enactment of the article without any transitional provisions that would allow these students who have enrolled to the programs before the enactment of the article to be able to practice without the new mandatory professional training.

Therefore, in their petitum, the Petitioners request that the Court 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 all of a sudden. Meanwhile, those registered after the enactment of should be considered to have been aware of it.

Also read: Requirements for NMP Registration Certificate Challenged

Circumcision Expert’s Constitutional Loss

Meanwhile, the Petitioner of case No. 50/PUU-XXII/2024, Iwan Hari Rusawan, revealed that he had performed circumcision for fifteen years to both boys and girls. He asserted that Article 210 of the Health Law, which emphasized that healthcare professionals must have graduated from tertiary education institutions, has harmed his constitutional rights.

Without any opportunity to prove and his ability in the competency test for healthcare professionals, he cannot apply for an STR and, thus, cannot receive recognition as one. Without an STR, he cannot apply for the required practice license in order to open a circumcision practice in order to earn a living while also practicing his religion.

In his petitum, he asked the Court to exclude Article 210 paragraph2 (1) and (2) of the Health Law for medical personnel and healthcare professionals whose practice is based on culture, local wisdom, and religion, which had been recognized by Indonesian communities since before tertiary education institutions were established.

Author         : Mimi Kartika
Editor          : N. Rosi
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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