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JAKARTA (MKRI) — The Constitutional Court (MK) held the second judicial review hearing of Article 451, Article 272 paragraphs (2) and (5), Article 1 point 26, and Article 421 paragraph (2) letter b of Law No. 17 of 2023 on Health, filed by Djohansjah Marzoeki, a doctor and professor emeritus of plastic surgery of Airlangga University, on Thursday, September 12, 2024. The petition revision hearing for case No. 111/PUU-XXII/2024 took place in the plenary courtroom.

Legal counsel Muhammad Joni delivered the revisions to the petition. He said that the Petitioner had strengthen his argument by adding five requirements for constitutional impairment and explained the constitutional impairment caused by the enforcement of the norms. The Petitioner had also affirmed his legal standing as a citizen who has suffered from the enactment of the articles.

“The Petitioner requests that the Court declare Article 272 paragraph (2) of the Health Law conditionally constitutional if it is interpreted as ‘facilitated by the state without intervention and conflict of interest,’ so that it will read, ‘The Collegium as referred to in paragraph (1) in carrying out its role shall be independent and facilitated by the state without intervention and conflict of interest,’” Joni said before Chief Justice Suhartoyo (panel chair) and Constitutional Justices Daniel Yusmic P. Foekh and Ridwan Mansyur.

Also read: Petitioner Insists Collegiums Should Be Independent Academic Bodies

At the preliminary hearing on Tuesday, August 27, legal counsel Muhammad Joni said the Petitioner believes the articles petitioned are against Article 28C paragraph (1), Article 28D paragraph (1), and Article 28H paragraph (1) of the 1945 Constitution and its Preamble. Due to the new repressive, authoritarian norm relating to collegiums in Article 451, which has no legal argument, the existing collegiums have lost their legality as their legal basis had turned illegitimate.

The Petitioner believes Article 421 paragraph (2) letter b has harmed him as it gave the Central and Regional Governments the authority to conduct supervision of professional ethics and discipline, which should be the domain of the profession and not the government.

As an academic institution, collegiums are in charge of medical science. However, they become baseless if they are normalized as government organs because they will be controlled by political rulers or government agencies. The Petitioner has an interest in the legitimacy of an independent collegium, whose existence and functions must reflect academic principles and the medical science. He argues that the collegium is an independent academic body and so its existence and functions are guaranteed, respected, and protected, not as a government agency. Therefore, the duties, functions, and authority of the collegium are unconstitutional if it is formed by the Minister of Health and becomes an executive organ regulated through Government Regulation (PP) No. 28 of 2024 on the Implementing Regulation for Law No. 17 of 2023 on Health as contained in Article 272 paragraph (5) of the Health Law.

In one of his petitums, the Petitioner requests that the Court declare Article 451 of Law No. 17 of 2023 unconstitutional and not legally binding; declare Article 421 paragraph (2) letter b along the phrase “and professional ethics and discipline” unconstitutional and not legally binding, so that Article 421 paragraph (2) letter b of Law No. 17 of 2023 would read, “… adherence to professional standards, service standards, standard operational procedures.” 

Author            : Sri Pujianti
Editor             : Nur R
PR                 : Raisa Ayuditha Marsaulina
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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