Health Ministry Welcomes Constitutional Court Ruling Upholding Health Law on Outbreaks

The Ministry of Health (Kemenkes) has stated it respects the Constitutional Court (MK) ruling read on Monday (29/6) regarding case Number 172/PUU-XXIV/2026. The case concerned a material review of Law Number 17 of 2023 on Health. In its ruling, the MK rejected all review requests submitted by the petitioner, Dharma Pongrekun. The lawsuit had previously targeted several articles concerning the management of Extraordinary Events (KLB) and outbreaks, including provisions for early warning systems, reporting obligations, and law enforcement in outbreak response.

Kemenkes assessed that this ruling confirms the arrangements within the Health Law are in accordance with the constitutional framework. The policy continues to prioritise public health protection, legal certainty, and the state’s responsibility in facing widespread health threats. The government emphasised that the obligation to comply with and not obstruct KLB response efforts is part of the state’s responsibility. The effectiveness of these measures depends heavily on public compliance for collective safety.

Furthermore, Kemenkes noted the court’s consideration regarding the administrative authority of the Minister of Health. The MK stated that granting the authority to establish technical guidelines for KLB and outbreaks is a common form of delegation within government, provided it is exercised in accordance with norms, principles, and statutory limits. The Head of the Communication and Public Information Bureau at Kemenkes, Aji Muhawarman, affirmed that this MK ruling strengthens the government’s ability to carry out measured health protection.

“Outbreak and KLB response requires a rapid, coordinated, and evidence-based response. The MK ruling confirms that the government’s measures to protect the public have a clear legal basis and remain within the constitutional framework,” Aji said in a statement on Wednesday (1/7). Aji added that Kemenkes is committed to ensuring all outbreak response policies are implemented professionally, transparently, and accountably by involving medical personnel, academics, and relevant stakeholders. “We also ensure that space for public participation remains open. Public criticism and input are an important part of strengthening national health policy,” he added. Kemenkes also underscored the importance of the public’s active role in the early warning system through health condition reporting mechanisms. This is considered crucial for rapid detection and early response to public health threats. Going forward, Kemenkes will continue to strengthen surveillance and preparedness systems to face various potential health threats, including infectious diseases and other health emergency conditions.