Member of Commission III of the House of Representatives, Muhammad Nasil Djamil, delivering the House’s statement during a judicial review hearing of Law Number 17 of 2023 on Health (Health Law) online, Tuesday (5/11). Photo by MKRI/Panji.

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Jakarta, MKRI – The Constitutional Court once again held a continued hearing of a case filed by Djohansjah Marzoeki, a doctor and professor of plastic surgery medicine from Universitas Airlangga, on Tuesday, November 5, 2024, at the Plenary Courtroom. The fourth hearing of Case Number 111/PUU-XXII/2024 on the judicial review of Article 451, Article 272 paragraph (2), Article 1 point 26, Article 272 paragraph (5), Article 421 paragraph (2) letter b of Law Number 17 of 2023 on Health (Health Law) was under the agenda to hear testimony from the House of Representatives and related parties.

Member of Commission III of the House of Representatives Muhammad Nasir Djamil stated that the placement of science and technology as the basis for formulating national policies, especially in the health sector, is a change in the pattern of determining national policies. This certainly makes the development of existing science and technology must be able to match the dynamics of existing developments and the need to support national policies.

“The implementation of development in the health sector requires coordination and synchronization of policies in the health sector between ministries/agencies and related parties to strengthen the health system,” he said.

He argued that the Petitioner's argument was an excessive concern where in fact the Petitioner could contribute to it to support and ensure that the implementation of these regulatory changes was in accordance with the needs and met the expectations and objectives.

Furthermore, Nasir Djamil said that the strategic role of the Indonesian Medical Council and the Indonesian Health Workers Council had been studied in the Academic Paper. In order to improve the quality of Indonesian health services, the health system, including the management of health human resources, must also be addressed. Improvement and rearrangement of existing institutions is certainly not done partially but as a whole, considering that in a system, each component is connected to and influences each other.

On the same occasion, the Court also heard testimony from the Related Party, namely A. Muhammad Asrun. In the hearing, Asrun stated that the Related Parties supported the Government's Statement delivered in the hearing at the Constitutional Court on October 21, 2024, except for matters that the Related Parties expressly denied.

He explained that Article 451 of Law Number 17 of 2023 does not abolish the existence of the existing Collegium. On the contrary, Article 451 was established to provide legal certainty and protection for the Collegium. The guarantee of legal certainty and protection allows the existing Collegium to continue carrying out its duties until a new Collegium is formed based on Article 272 of Law Number 17 of 2023.

According to him, the Collegium arrangement in Law Number 17 of 2023  is different from the arrangements in Law Number 29 of 2004 and Law Number 36 of 2014. The collegium in Law Number 17 of 2023 is focused on the development of science and education of health workers independently as an organ of the council. The Collegium under Law Number 17 of 2023 is not formed by professional organizations but is formed by groups of experts in their fields, with membership consisting of professors and experts.

“The unification of the Collegium with professional organizations should be avoided because it has the potential to create a monopoly and can cause stagnation in the realm of medical science. The separation is necessary because the Collegium is a center for research and development, which is different from professional organizations,” Asrun said in a hearing led by Chief Justice Suhartoyo and eight constitutional justices.

Thus, the Related Party disputed the Petitioner's argument on the assumption that Article 451 of Law Number 17 of 2023 is contrary to the Constitutional Court Decision Number 10/PUU-XV/2017. The Court Decision examines provisions related to competency certification, the authority of professional organizations, and concurrent positions in the Indonesian Medical Council, which are not directly related to the transitional provisions of Article 451 of Law Number 17 of 2023. Therefore, it is irrelevant to link the Court Decision with the provisions of Article 451 of Law Number 17 of 2023.

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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 has 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: N. Rosi.

PR: Raisa Ayuditha Marsaulina.

Translator: Rizky Kurnia Chaesario/Yuniar Widiastuti

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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