Chief Justice Suhartoyo presided over the judicial review hearing of Law No. 17 of 2023 on Health at the Plenary Courtroom, Friday (8/8). Photo by MKRI/Panji.

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Jakarta (MKRI) – The material judicial review hearing of Law No. 17 of 2023 on Health for Case No. 111/PUU-XXII/2024, 156/PUU-XXII/2024, and 182/PUU-XXII/2024 resumed on Friday, August 8, 2025. The Court needed to examine the petition's substance further, so it summoned several parties to deliver their statement.

“The Court declares that the hearing is finished, and a discussion has been held on the case, but several parts remain to be further examined; hence, the Court will use the opportunity to summon several parties to peruse over the case,” Chief Justice Suhartoyo stated.

During the hearing, which was scheduled to explain the continuation of the hearing for the three cases, Suhartoyo stated that parties such as the Petitioners, the President/Government, the House of Representatives (DPR), and Related Parties are required to attend the following hearings. This is because the Constitutional Court's in-depth examination must be witnessed by various parties to uphold the principle of transparency.

“To ensure that this hearing adheres to the principle of transparency, the in-depth review by the Panel of Justices needs to be witnessed by all parties involved in this case. We will invite them again for the next hearing once, twice, or more times, depending on the needs. The schedule will be determined later,” Chief Justice Suhartoyo said.

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Article 304 concerns provision on disciplinary actions for the profession to support the professionalism of medical and health personnel. The minister formed an assembly that deals with the profession’s discipline. The permanent or ad hoc assembly determines whether a professional disciplinary violation has been committed. The regulation is then delegated to the Government Regulation (PP) No. 28 of 2024 on Health as the implementing provisions, which regulates the establishment, duties, functions, and membership of the MDP. 

Case 156/PUU-XXII/2024 was filed by Medical and Health Legal Consultation Alliance (Perkumpulan Konsultan Hukum Medis dan Kesehatan, PKHMK) and two advocates. According to the Petitioners, the ethical board cannot automatically be given the authority to provide recommendations and examine actions violating criminal and civil provisions.

In their petitum, the Petitioners request that the Court declare the phrase “a recommendation from the assembly must first be requested as referred to in Article 304” in Article 308 paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) of the Health Law unconstitutional and not legally binding.

Meanwhile, Petitioners of Case No. 182/PUU-XXII/2024 comprise the executive board of the Indonesian Doctors Association (PB IDI), represented by chairman Adib Khumaidi and secretary-general Ulul Albab, along with 52 individuals consisting of doctors, civil servants, lecturers, employees of state-owned enterprises, police officers, military officers, students, retirees, and housewives. They challenge Article 311 paragraph (1), Article 268 paragraph (1), Article 270, Article 272 paragraphs (1), Article 272 paragraph (3), Article 258 paragraph (2), Article 264 paragraphs (1) and (5), Article 291 paragraph (2), Article 421 paragraph (1), Article 442, and Article 454 letter c of the Health Law.

At the preliminary hearing, the Petitioners argued that the Minister of Health had direct intervention and control over the collegium. The minister now has the authority to receive a review of the decisions by the professional disciplinary council, to manage the fulfillment of professional credit units (SKP) for medical workers. The minister also has intervention and full control over the implementation of medical education and training. The Petitioners submitted at least 14 petitums, including a request for the Court to grant the petition in its entirety.  (*)

Author         : Mimi Kartika
Editor          : Lulu Anjarsari P.
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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