Jakarta \u2014 Coordinating Minister for Law, Human Rights, Immigration\nand Corrections Yusril Ihza Mahendra has characterised two important\nConstitutional Court (MK) decisions regarding the Health Law as a\ndirection for constitutional correction in the governance of the medical\nprofession in Indonesia.<\/p>\n
According to him, these decisions not only resolve normative disputes\nbut also provide guidance for state policymaking to maintain balance\nbetween the state\u2019s role and professional independence.<\/p>\n
\u201cA Constitutional Court decision is not merely a judicial decision\nthat resolves normative disputes, but rather a constitutional\ninterpretation that is binding and serves as guidance for state\npolicymakers,\u201d Yusril stated at a National Networking Forum in Jakarta\non Thursday.<\/p>\n
He assessed that Constitutional Court Decision Number\n111\/PUU-XXII\/2024 and Constitutional Court Decision Number\n182\/PUU-XXII\/2024 provide important direction for the future of medical\neducation and the governance of the medical profession.<\/p>\n
The main thrust of Constitutional Court Decision Number\n111\/PUU-XXII\/2024 is a confirmation concerning the independence of\ncollegia within the organisational structure of medical and health\nprofessions. Meanwhile, Constitutional Court Decision Number\n182\/PUU-XXII\/2024 contains the strengthening of collegia independence\nand an affirmation of the role of professional organisations in\nIndonesia\u2019s health ecosystem.<\/p>\n
Yusril noted that the dynamics of health profession regulation have\nso far shown a tug-of-war between professional organisations and the\ngovernment. Previously, professional organisations held a very dominant\nrole in determining educational standards, competencies and mechanisms\nfor professional discipline.<\/p>\n
However, through Law Number 17 of 2023 on Health, the government has\nsought to carry out correction by strengthening the state\u2019s role in\nregulating the health system. The Coordinating Minister conveyed that\nthe Constitutional Court recognised that such correction efforts could\ncreate new imbalances if state authority became too dominant.<\/p>\n
Therefore, the Constitutional Court emphasised the importance of\nmaintaining balance between state governance and professional\nindependence. The court fundamentally wished to assert that correcting\nprofessional organisation dominance should not be replaced by state\ndominance.<\/p>\n
\u201cWhat is needed is a new balance in institutional governance,\u201d he\nsaid.<\/p>\n
In its decision, the court also placed emphasis on three important\naspects of the medical profession system: the status of collegia as a\nscientific body safeguarding competency standards, ethics and\nprofessional discipline mechanisms based on professional community peer\nreview, and regulation that does not create space for administrative\nintervention in scientific independence.<\/p>\n
He called on all stakeholders \u2014 government, academia and professional\norganisations \u2014 to use the Constitutional Court decision as a momentum\nto improve the design of medical profession governance constitutionally\nwhilst preserving the quality of health services and patient safety.<\/p>", "url": "https:\/\/jawawa.id\/newsitem\/constitutional-court-ruling-signals-direction-for-medical-profession-governance-reform-1773302003", "image": "" }, "sponsor": "Okusi Associates", "sponsor_url": "https:\/\/okusiassociates.com" }