Emanuel Melkiades, Vice Chairman of Commission IX of the House of Representatives giving his testimony at a continued judicial review hearing of Health Law, Wednesday (04/09/2024). Photo by MKRI/Ifa.

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Jakarta, MKRI—The Constitutional Court held another judicial review hearing of Article 212 paragraph (2) of Law No. 17 of 2023 on Health (Health Law) on Wednesday, September 4, 2024. The hearing combined cases No. 49/PUU-XXII/2024 and No. 50/PUU-XXII/2024 and was led by Chief Justice Suhartoyo along with seven other justices.

The agenda was to hear testimony from the House and the Government’s expert. The Vice Chairman of Commission IX of the House of Representatives, Emanuel Melkiades Laka Lana, during the hearing, stated that the regulation of the professional requirements in order to conduct practice for graduates of nutrition law through article a quo is in line with the importance of nutritionist as a profession in performing their duties professionally. “The issue conveyed by the Petitioners, which stated that previously there is no obligation in taking education, is wrong,” he said.

Students of professional education who pass a competence exam will receive professional certification issued by higher education institutions. It is in line with Article 43 of Law No. 12/2012 (Higher Education Law), which states that professional certification is a professional acknowledgment of professional practice acquired through professional education.

“This obligation applies to all students who have completed professional education program,” Emanuel said.

Furthermore, Emanuel responded to the Petitioners’ argument, which says that the Health Worker Council through the Ministry of Health does not offer the facility to apply for the STR. Emanuel stated that the Petitioners cannot apply for the STR at the Council because they are not students and/or graduates of professional education programs, so they have no right to get the STR.

Meanwhile, Djoko  Santoso, an expert who was brought by the government, explained that bachelor’s graduates or equivalent can get professional certification. To get that, one has to attend a professional program.

Djoko said that a professional program is a graduate program (KKNI Level 7), a continuation of an undergraduate program or equivalent. Professional registration certificates for graduates of professional programs can be obtained after passing the professional competency examination so as to obtain a certificate of competence.

At the same time, Megawati Santoso, a member of the Board of Trustees of the Indonesian Library and Information Science Higher Education Providers Association who is also a Government Expert, emphasized that the competency test is carried out to declare whether health workers are competent or incompetent in carrying out work in accordance with their authority and responsibilities. This exam not only tests mastery of knowledge (cognitive) but also tests skills and work attitudes when health workers perform services to clients/patients.

“The competency exam should not be held by academic education because academic education graduates may choose different types of jobs,” he explained. Therefore, if one competency exam is conducted there, it becomes inappropriate and locks the graduation to take the exit exam.

Tony Arjuna, an expert brought by the President (government) and Head of the Dietician Education Study Program, Faculty of Medicine, Public Health, and Nursing of Universitas Gadjah Mada, explained that the Petitioners' arguments that the enactment of Health Law was carried out abruptly so that Petitioners could not prepare their career choices and must undergo professional education that required costs and long time were not based on fact.

Tony said that the Petitioners' argument that Article 212 paragraph (2) of the Health Law prevented the Petitioners from getting a job that is in accordance with their planning and concentration during their education is not true, considering that there are so many fields of work for Bachelor of Nutrition graduates that do not require STRs at all and do not require professional education. According to him, the arguments of the petitioners that form the basis for the judicial review of Article 212 paragraph (2) of the Health Law are unreasonable and not based on facts.

“If Article 212 paragraph (2) of Law No. 17 of 2003 is interpreted in accordance with the Petitioners' request, it will cause chaos in the education system for nutritionists in Indonesia, create dualism in the competency standards of nutritionists at the professional level, reduce the standards and quality of nutritionist services, and ultimately endanger the health of patients and the public,” he explained.

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Cannot Apply for STR, Nutrition Graduates Unable to Find Jobs

Previously, the Court held a joint hearing of case no. 49/PUU-XXII/2024 filed by Shafa Syahrani, Satria Prima Arsawinata, and Bunga Nanda Puspita; and case no. 50/PUU-XXII/2024 submitted by Iwan Hari Rusawan.

Kurnia Nurfitrah is the legal counsel for case no. 49/PUU-XXII/2024 conveyed that Petitioners have suffered losses due to the amendment of Article 212 paragraph (2) of Health Law blocking them, graduates in health, to get a registration certificate (STR) after graduation. Meanwhile, during their studies, they have chosen a program based on their interests and expertise so that they can get suitable jobs

 The Petitioners felt disadvantaged by the enactment of Article 212 paragraph (2) of Health Law without transitional provisions. Hence, on the petitum, Petitioners ask the Court to exclude the provision of Article 212 paragraph (2) of Health Law for students joining the healthcare education program before the enactment of the article.

 Testimony of Circumcision Expert

The Petitioner of case No. 50/PUU-XXII/2024, Iwan Hari Rusawan, argued that Article 212 paragraph (2) of the Health Law only accommodates professional education and higher education. This resulted in the Petitioner, who works as a circumciser, not having the opportunity to prove and register his ability in the competence examination, so he could not apply for an STR, so the Petitioner was not recognized as a health worker. As a result of not being able to have an STR, the Petitioner cannot apply for a license to practice, which is needed to carry out religion-based beliefs for a living, for example, opening a circumcision clinic.

 In his petitum, Iwan asked the court that the provisions of Article 210 paragraph (1) and paragraph (2) of the Health Law exclude medical personnel and health workers based on culture, local wisdom, and religion that have gained recognition from the Indonesian people since before the existence of universities in Indonesia.

Author: Utami Argawati.

Editor: N. Rosi.

PR: Fauzan F.

Translator: 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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