The Petitioner’s counsels at the petition revision hearing for the judicial review of Law No. 17 of 2023 on Health, Wednesday (10/1/2025). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — The Constitutional Court (MK) held the second hearing for the material judicial review of Article 308 paragraphs (2), (4), (6), and (7) of Law No. 17 of 2023 on Health on Wednesday, October 1, 2025. The hearing, set to examine the revisions to the petition filed by advocate Eliadi Hulu took place in the plenary courtroom, with Chief Justice Suhartoyo and Constitutional Justices Daniel Yusmic P. Foekh and M. Guntur Hamzah presiding.

The Petitioner’s counsel Agustine Pentrantoni Penau explained the revised points in case No. 161/PUU-XXIII/2025. This includes the addition of the Petitioner’s legal standing as a citizen, the revision to alternative petitums, and the revision implying that solutions on medical/health personnel’s rights in applying for recommendation by the Professional Disciplinary Council (MDP) must be transferred to another party.

“According to the Petitioner, the most ideal party to submit a request for a recommendation to the Professional Disciplinary Council (MDP) in the event of a civil dispute between a medical professional and a patient is the patient or their legal representative. In this way, such a concept would place the patient and the medical/health professional as the defendant on equal footing, thereby eliminating any conflict of interest,” Penau explained.

Also read: Medical Council’s Recommendation in Civil Lawsuit Called into Question

At the preliminary hearing on Thursday, September 18, through counsel Agustine Pentrantoni Penau, the Petitioner contended that these provisions conflict with Article 28D paragraph (1) of the 1945 Constitution. As a patient who receives care from medical personnel and/or health personnel, the Petitioner may be exposed to actions that deviate from procedure and/or to malpractice that could cause losses for which civil liability may be sought.

If the Petitioner pursues his rights in civil court by suing the relevant medical personnel and/or health personnel, that suit cannot be immediately examined and adjudicated by a judge. The court must first await a recommendation from the Professional Disciplinary Council (MDP) as stipulated in Article 308 paragraphs (2) and (4) of Law No. 13 of 2023.

If the Petitioner intends to file a civil claim against medical and/or health personnel, the MDP recommendation becomes a mandatory in pursuing his civil legal rights. Yet such a recommendation will only be obtained if the defendant medical/health personnel themselves take the initiative to request it from the MDP by submitting a written application in response to the suit brought by the patient, the patient’s family, or an authorized representative.

The norms in Article 308 paragraphs (2), (4), (6) and (7) of Law No. 13 of 2023, the Petitioner argues, deny procedural justice to patients—including the Petitioner—because the continuation of a civil action depends entirely on the willingness of the medical/health personnel defendant to apply for the MDP recommendation. 

On that basis, the Petitioner asks the Court to declare that Article 308 paragraphs (2), (4) and (6) of Law No. 17 of 2023 on Health (State Gazette of the Republic of Indonesia 2023 No. 105, Supplement No. 6887) are inconsistent with the 1945 Constitution and therefore have no binding legal force. Alternatively, the he requests that Article 308 paragraph (4) of Law No. 17 of 2023 be declared unconstitutional insofar as it is not read to mean: “The recommendation of the council as referred to in paragraph (2) shall be issued after the court has submitted a written request regarding the suit filed by the Patient, the Patient’s family, or a person authorized by the Patient or the Patient’s family.”

The Petitioner also asks the Court to declare Article 308 paragraph (7) of Law No. 17 of 2023 unconstitutional insofar as it is not interpreted to read: “The recommendation referred to in paragraph (5) shall be issued no later than 14 (fourteen) workdays from the date the request is received.”

Author       : Sri Pujianti
Editor        : N. Rosi
PR            : Fauzan Febriyan
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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