Constitutional Court Decisions Safeguard Independence of Indonesian Medical Profession, says Coordinating Minister
Jakarta – Coordinating Minister for Law, Human Rights, Immigration, and Corrections Yusril Ihza Mahendra has stated that Constitutional Court (MK) rulings in cases 111/PUU-XXII/2024 and 182/PUU-XXII/2024 safeguard the independence and governance of Indonesia’s medical profession.
Speaking at the National Gathering of the Professional Discipline Assembly (MDP) in Jakarta on Thursday, Coordinating Minister Yusril said that Constitutional Court decisions serve not only to resolve normative disputes in legislation but also provide constitutional interpretations that are binding on state policymakers.
“The two Constitutional Court decisions we have witnessed – Decisions 111 of 2024 and 182 of 2024 – provide crucial guidance for all of us in a law-governed state,” said Coordinating Minister Yusril.
Yusril noted that in the history of healthcare professional governance in Indonesia, professional organisations once held a dominant role in determining the direction of education, professional standards, and disciplinary mechanisms. However, through these decisions, the Constitutional Court recognised the potential for a new imbalance if the dominance of professional organisations were merely replaced by state dominance.
“What is needed is not new dominance, but rather new balance in regulating and managing modern healthcare services across all countries,” said Coordinating Minister Yusril.
Coordinating Minister Yusril further stated that the Constitutional Court decision also provided corrections in three important areas determining the future of medical education and the medical profession, including the status of the collegium. He emphasised that the collegium must remain as a scientific institution safeguarding professional standards and competence.
According to him, an important message from the decision is that the state remains present in healthcare professional governance, but not to take over the space of professional ethics and discipline.
“The Constitutional Court desires the state to remain present, but the state’s presence is not to take over the space of ethical discipline. The state’s presence is to ensure that this space operates accountably, fairly, and protects whilst providing public services,” said Coordinating Minister Yusril Ihza Mahendra.
It is noted that the Constitutional Court decisions in cases 111/PUU-XXII/2024 and 182/PUU-XXII/2024 state that the Indonesian Health Council (KKI) is positioned under and directly responsible to the President and carries out its role independently.