Government Experts Not Present, Test of Medical Practice Law Delayed

The Constitutional Court again held a hearing on the testing of Article 1 number 12 of Act Number 29 of 2004 concerning Medical Practice (Medical Practice Law) on Monday (1/14/2019) in the Plenary Session Room of the Constitutional Court. However, in the trial scheduled to hear the statement of the President / Government Expert, the Indonesian Ministry of Health through a letter stated that it had not been able to present the intended expert.

“For that, the hearing was postponed until Monday, January 28, 2019 at 11.00 WIB. And if they still cannot provide information, then they are considered not using their rights or can also provide written information, “explained Chief Justice of the Constitutional Court Anwar Usman who chaired the session accompanied by eight other constitutional justices.

This registered case Number 80 / PUU-XVI / 2018 was requested by 36 individual citizens consisting of lecturers, retired lecturers, and professors of medicine. The Petitioners declare Article 1 number 12 and number 13 and Explanation of Article 1, Article 29 paragraph (3) letter d and Explanation, and Article 28 paragraph (1) of the Medical Practice Law potentially to harm the constitutional rights of the Petitioners. In his argument, the Petitioners stated that Article 1 point 12 of the Medical Practice Law on the definition of the phrase “Indonesian Medical Association” assessed that the article was interpreted narrowly solely as the Executive Board of the Indonesian Doctors Association (PB-IDI) at the national level. IDI has several assemblies that are autonomous in nature, such as the Medical Ethics Honorary Council (MKEK), Professional Services Development Council (MPPK), and Indonesian Medical Colleges Council (MKKI). The definition of IDI in this article is considered to place the assemblies into subordinates of the PB-IDI. Especially for the Indonesian Medical Collegium Council (MKKI) which resulted in PB-IDI’s authority to intervene in the academic / medical field.

The negative impact of these articles if not corrected will make PB IDI control or control the medical field from upstream to downstream due to the lack of checks and balances between institutions within the IDI as practiced by IDI seniors in the surrounding in 2000. For this reason, the Petitioners requested the Constitutional Court Justices to declare a constitutional conditional on the articles examined. (Sri Pujianti / LA)