Kumham Imipas states Constitutional Court rulings change parts of Health Law norms
Jakarta (ANTARA) - The Ministry of Coordinating for Legal Affairs, Human Rights, Immigration, and Correctional Services (Kemenko Kumham Imipas) has stated that two Constitutional Court (MK) rulings related to the governance of healthcare professions have changed certain norms in Law No. 17 of 2023 on Health.
Deputy for Legal Coordination of Kemenko Kumham Imipas, Nofli, explained that these changes primarily concern the concept of independence for collegiums and councils, amendments to government regulations, supervision, professional ethics and discipline, as well as professional organisations.
“The government is currently taking strategic steps, from revising Government Regulation (PP) No. 28 of 2024 to strengthening cross-ministerial and institutional coordination to ensure optimal follow-up on the Constitutional Court rulings,” Nofli said in a statement confirmed in Jakarta on Friday.
The two rulings in question are Constitutional Court Decision No. 111/PUU-XXII/2024 and Constitutional Court Decision No. 182/PUU-XXII/2024.
The main essence of Constitutional Court Decision No. 111/PUU-XXII/2024 is the affirmation of the independence of collegiums within the organisational structure of medical and health professions.
Meanwhile, Constitutional Court Decision No. 182/PUU-XXII/2024 strengthens the independence of collegiums and affirms the role of professional organisations in Indonesia’s health ecosystem.
In the revision of PP No. 28 of 2024, he said, the Ministry of Health (Kemenkes) has submitted an initiative permit to the President and held coordination meetings with relevant ministries and institutions.
Kemenko Kumham Imipas will oversee the drafting of the Draft PP to ensure it proceeds smoothly, including guaranteeing meaningful public participation by involving various stakeholders, such as councils, collegiums, professional organisations, and the public.
Additionally, the government is mapping and reviewing the institutions of councils and collegiums in accordance with the Constitutional Court rulings, considering aspects of efficiency and effectiveness, through the involvement of the Ministry of State Apparatus Empowerment and Bureaucratic Reform (PANRB) and the Ministry of Finance (Kemenkeu).
On the other hand, Nofli continued, the Ministry of Coordinating for Human Development and Culture (Kemenko PMK) will initiate coordination for the formation of a single professional organisation involving ministries, institutions, and all relevant stakeholders, including Kemenko Kumham Imipas.
However, he emphasised the importance of communicating to the public so that the government’s steps in following up on the Constitutional Court rulings do not cause concern among medical and health personnel.
He also assured that the implementation of competency tests for medical and health personnel will continue as usual and without disruption.
Previously, Kemenkes stated that the Constitutional Court rulings strengthen the independence of the Indonesian Health Council (KKI) and Health Collegium, which will be followed up with regulatory adjustments and cross-ministerial coordination, as a form of respect for the rulings.
Director General of Health Human Resources at Kemenkes, Yuli Farianti, said in Jakarta on Tuesday (10/2) that currently, together with relevant parties such as Kemenko Kumham Imipas, Kemenko PMK, and Kemenkeu, they are reviewing several matters that will be improved.
“We have already compiled and then listed them, and we already have a target. Insya Allah, if it’s quick, we won’t wait long; we will resolve it soon,” she said.