The Petitioners for the material judicial review of Article 212 paragraph (2) of Law No. 17 of 2023 on Health (Health Law) concerning registration certificates for undergraduate health students, Friday (1/3/2025). Photo by MKRI/Panji.

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JAKARTA (MKRI) — The issue surrounding registration certificates (STR) for graduates of undergraduate health programs has been resolved with legal certainty following the Court’s partial approval of the judicial review petition of Article 212 paragraph (2) of Law No. 17 of 2023 on Health . The petition was filed by Shafa Syahrani, Satria Prima Arsawinata, and Bunga Nanda Puspita.

They argued that the norm had prevented graduates of health programs from obtaining registration certificates directly after completing their undergraduate education. They contended that this was unfair, as students had already chosen a specific study concentration during their undergraduate program.

“[The Court] has adjudicated [to] grant the Petitioners’ petition in part,” stated Chief Justice Suhartoyo at the ruling hearing for Decision No. 49/PUU-XXII/2024 on Friday, January 3, 2025, in the plenary courtroom.

In the verdict, the Court declared Article 212 paragraph (2) of the Health Law conditionally unconstitutional and not legally binding unless it is interpreted as follows: “[It shall] only be applicable to students of undergraduate health programs who commence their studies after the enactment of Law No. 17 of 2023 on Health. For students registered after the enactment of Law No. 36 of 2014, upon graduation and after obtaining a competency certificate and a registration certificate (STR) and a practice license (SIP), they are required to undergo professional education with a shorter specially-designed curriculum and materials prior to the renewal of the SIP.”

The Court based its decision on the principle that the implementation of new provisions should not cause any harm. It reasoned that changes in the law must not infringe upon the rights of individuals to receive protection and legal certainty. In this case, undergraduate health students, when entering university, have already factored in the costs and duration of their studies without the expectation of additional education in the form of professional training. They also expect to be able to take a competency exam immediately after graduation to obtain their registration certificates and commence practice right away.

“[They are] definitely harmed by the implementation of the new provisions based on the norm of Article 212 paragraph (2) of Law No. 17 of 2023 because such additional professional education, in addition to extending the study period, would also increase the financial burden for undergraduate health students and, at the same time, delay their entry into the workforce as professionals in their respective fields,” said Constitutional Justice M. Guntur Hamzah reading out the Court’s legal considerations.

The Court also considered the absence of transitional provisions that should have prevented the violation of constitutional rights experienced by the Petitioners due to the enactment of the article. “This further convinced the Court that the losses experienced by the Petitioners were valid,” said Justice Guntur.

Empowerment of Circumcisers

The Court also decided on a material judicial review petition on registration certificate in the Health Law. The petition was filed by a circumciser, Iwan Hari Rusawan, who requested for the review of Article 212 paragraph (2) of the Health Law. According to Iwan, the article only accommodated vocational education and higher education, both of which are only taught in universities, without providing special options or alternatives for graduates of traditional education, who also dedicate themselves and have knowledge and skills related to health.

In this case, the Court decided to reject Iwan’s entire petition. “[The Court] rejects the Petitioner’s petition in its entirety,” said Chief Justice Suhartoyo reading out the verdict in Decision No. 50/PUU-XXII/2024 in the same session.

In its legal considerations, the Court holds that circumcision is included in the 4A skill level that must be mastered by graduates of medical professional education. The action is considered to require security and safety guarantees.

In addition, circumcision is a surgical procedure that carries risks, requiring adherence to medical professional standards that encompass the use of appropriate tools and materials, sterility, and the involvement of qualified professionals. The procedure should be performed by general practitioners or specialist doctors with a valid registration certificate and practice license, as outlined by the Indonesian Medical Council’s competency requirements. The Court highlighted that while knowledge and skills in circumcision may be passed down or learned informally, these cannot be equated with the comprehensive professional education, ethics, and legal expertise that medical practitioners acquire through formal training. It further recommended that the Government focus on ensuring the safety of patients seeking circumcision services, prioritizing proper training and certification for practitioners.

“The Government shall focus on ensuring the safety of patients who use the services of circumcisers rather than eliminating or prohibiting their work,” said Justice Guntur reading out the legal considerations.

The Court emphasized that the Government, through the Ministry of Health, has the authority to formulate policies and plans aimed at empowering circumcisers to acquire standard competencies with a strong focus on safety. This can be achieved by providing specialized coaching and training before granting a practice license, alongside regular supervision.

The Court further recommended that training for circumcisers be conducted through formal vocational education programs at universities, hospitals, or other institutions. These programs should not impose fees on the circumcisers and should be followed by competency tests as a requirement for obtaining certificates, registration, and license to practice as circumcisers in alignment with the standards set by the Government.

“Meanwhile, supervision by the Government is intended to control invasive actions and circumcisions carried out by circumcisers, and for circumcisers who commit violations, sanctions will be given,” explained Justice Guntur.

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Government Argues Professional Certification under the Health Law In Line with Dikti Law
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House and Expert Testimonies on the Healthcare Workers’ Competence Exam
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Discretion for Nutritionists to Acquire STR and the Existence of Traditional Healers 

Author: Ashri Fadilla
Editor: N. Rosi
PR: Fauzan F.
Translators: Nazila Rikhusshuba/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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