Secretary-General of the Health Ministry Kunta Wibawa asking for a hearing postponement on behalf of the Government at a judicial review hearing of the Health Law, Monday (7/29/2024). Photo by MKRI/Ifa.

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JAKARTA (MKRI)—The Constitutional Court (MK) held another hearing on the judicial review of Article 212 paragraph (2) of Law No. 17 of 2023 on Health. Chief Justice Suhartoyo and the other eight constitutional justices presided over the hearings for cases No. 49/PUU-XXII/2024 and No. 50/PUU-XXII/2024.

The agenda for this hearing was supposed to include statements from the House of Representatives and the Government. However, the Court received a request for postponement from both parties. “What is the Government’s clarification on this?” asked Chief Justice Suhartoyo.

In response, the Government requested a postponement through a letter submitted to the Registrar’s Office on Thursday, July 25, 2024, stating they needed more time to coordinate and prepare materials for the current petition. The Court granted an extension until Monday, August 12, 2024, at 10:30  WIB.

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The Court has previously heard the two cases, No. 49/PUU-XXII/2024—filed by Shafa Syahrani, Satria Prima Arsawinata, and Bunga Nanda Puspita—and No. 50/PUU-XXII/2024, filed 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 interests.

They feel disadvantaged by the sudden enactment of Article 212 paragraph (2) of Law No. 17 of 2023 without any transitional provisions. 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.

Testimony by Circumcision Expert

The 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 a traditional education, such as circumcision experts such as he, are left out. Without any opportunity to prove 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 asks 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            : Utami Argawati
Editor             : N. Rosi
PR                 : Fauzan F.
Translator      : Dzaki Difa Al Hadiid/Yuniar Widiastuti/Rizky Kurnia Chaesario (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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