{
    "success": true,
    "data": {
        "id": 1750701,
        "msgid": "dharma-pongrekun-emerges-again-now-challenges-outbreak-regulations-before-the-constitutional-court-1779545950",
        "date": "2026-05-20 07:27:02",
        "title": "Dharma Pongrekun Emerges Again, Now Challenges Outbreak Regulations Before the Constitutional Court",
        "author": "",
        "source": "DETIK",
        "tags": "",
        "topic": "Legal",
        "summary": "Former Deputy Head of the National Cyber and Crypto Agency (BSSN), Dharma Pongrekun, has filed a constitutional challenge with the Constitutional Court (MK) against Health Law No. 17\/2023, seeking to strike down several provisions governing public health emergencies and outbreaks. He argues the provisions infringe constitutional rights and could invite legal uncertainty due to broad wording such as 'hindering' in Article 400. The case, registered as 172\/PUU-XXIV\/2026, highlights tensions between state health powers and individual rights in Indonesia.",
        "content": "<p>Dharma Pongrekun reemerges. After a long silence, he suddenly filed a\nsuit with the Constitutional Court (MK). The former Deputy Head of the\nNational Cyber and Crypto Agency (BSSN) is challenging the Health Act\nbefore MK. He asks MK to strike down the ban on obstructing the handling\nof Public Health Emergencies (KLB) or outbreaks.<\/p>\n<p>According to the MK\u2019s official website on Tuesday (19 May 2026),\nDharma\u2019s suit is registered under number 172\/PUU-XXIV\/2026. There are\nseveral articles of the Health Law that Dharma is challenging before\nMK.<\/p>\n<p>Articles of the Health Law Challenged before MK<\/p>\n<ul>\n<li>Article 353 paragraph (2) letter g of Law No.\u00a017\/2023 on Health. The\ntext:<\/li>\n<\/ul>\n<ol start=\"2\" type=\"1\">\n<li>The criteria for KLB as referred to in paragraph (1) consist\nof:<\/li>\n<\/ol>\n<ol start=\"7\" type=\"a\">\n<li>other criteria set by the Minister.<\/li>\n<\/ol>\n<ul>\n<li>Article 394 Health Act:<\/li>\n<\/ul>\n<p>Every Person must comply with all activities to tackle KLB and\noutbreaks carried out by the Central Government and Local\nGovernment.<\/p>\n<ul>\n<li>Article 395(1):<\/li>\n<\/ul>\n<p>Every person who becomes aware of a sick person or suspected sick\nperson due to a disease or health problem that has the potential to\ncause KLB or outbreaks must immediately report to village\/kelurahan\nauthorities and\/or nearest health service facilities.<\/p>\n<ul>\n<li>Article 400:<\/li>\n<\/ul>\n<p>Every person is forbidden to obstruct the implementation of KLB and\noutbreak management.<\/p>\n<ul>\n<li>Article 446:<\/li>\n<\/ul>\n<p>Every person who does not comply with the implementation of KLB and\nOutbreak management and\/or deliberately obstructs it as referred to in\nArticle 400 shall be punished by a maximum fine of Rp 500 million.<\/p>\n<p>Request MK to declare Health Act incompatible with the 1945\nConstitution<\/p>\n<p>In his petition, Dharma states those articles potentially harm him.\nHe argues the articles injure his constitutional rights.<\/p>\n<p>\u201cThe validity of the aforementioned articles directly infringes the\npetitioner\u2019s constitutional rights to personal protection and sense of\nsecurity, including bodily autonomy, as guaranteed by Article 28G(1) of\nthe 1945 Constitution,\u201d he said in his petition.<\/p>\n<p>He says the phrase \u2018hindering\u2019 in Article 400 is too broad. It could\ncreate legal uncertainty.<\/p>\n<p>\u201cThe lack of adequate limitations, in the form of objective\nindicators, scientific parameters, or effective supervisory mechanisms,\nmakes the power vulnerable to subjective and arbitrary use. This becomes\ncrucial given that determining a Public Health Emergency (KLB) has wide\nlegal consequences, including emergency budget allocation, movement\nrestrictions, and potential restrictions on civil rights,\u201d he said.<\/p>\n<p>Next, Dharma says Article 394 Health Act is coercive. No explanation\nof scope; oversight mechanism unclear.<\/p>\n<p>\u201cUnder such conditions, citizens, including the Applicant, are placed\nin an uneven position before the state, because they are required to\nsubmit to a norm that cannot be predicted, non-transparent, and\npotentially arbitrarily applied,\u201d he said.<\/p>\n<p>Next, Dharma contends that<\/p>",
        "url": "https:\/\/jawawa.id\/newsitem\/dharma-pongrekun-emerges-again-now-challenges-outbreak-regulations-before-the-constitutional-court-1779545950",
        "image": ""
    },
    "sponsor": "Okusi Associates",
    "sponsor_url": "https:\/\/okusiassociates.com"
}