The Community for Health Policy Care in Indonesia (KPKKI) has submitted an amicus curiae (friend of the court brief) to the Constitutional Court (MK) in the judicial review of Law Number 17 of 2023 on Health.
The submission was made in response to concerns that healthcare services, which should be a constitutional right for every citizen, are instead weakened by the tendency of hospitals under the Ministry of Health to prioritize commercial interests over public welfare.
“At present, there are 37 vertical hospitals managed by the Ministry of Health, and there is a growing tendency that the services provided in these hospitals no longer serve the interests of the people,” said KPKKI Chair, Professor Wahyudi Kumorotomo, to reporters on Monday (Sep. 8) at Café Podocarpus, Center for Pancasila Studies (PSP UGM).
According to Professor Kumorotomo, the Health Law contains a number of problematic provisions.
These include revenue targets imposed on doctors, which could turn hospitals into commercial enterprises; weakened independence of professional organizations and collegiums as much of their authority is shifted to the Ministry of Health; declining standards of specialist medical education through the hospital-based training model, which does not fully prioritize expertise and professionalism; and the new policy of a lifetime Registration Certificate (STR) without evaluation, which he said poses significant risks.
The professor at the Department of Public Policy and Management, Faculty of Social and Political Sciences, Universitas Gadjah Mada (Fisipol UGM), emphasized that this amicus curiae was submitted as an academic and professional contribution, given the many issues surrounding health policy.
He expressed hope that it would assist the MK in making a fair and progressive ruling that upholds the principles of health democracy. Also, for ensuring that the public receives quality healthcare services while doctors and health workers maintain adequate medical competence and can remain active in independent and professional associations.
Head of UGM’s Center for Anti-Corruption Studies (Pukat UGM), Dr. Totok Dwi Diantoro, added that the amicus curiae was necessary to highlight governance concerns. He noted that the Health Law raises problems of governance and the potential for abuse of power.
“Governance in this context relates to public service in the health sector, which is seeing a kind of excessive centralization of authority in the hands of the Ministry of Health when implementing the provisions outlined in the Health Law Number 17 of 2023,” said Dr. Diantoro.
According to Dr. Diantoro, the submission also represents a form of public participation in the judicial process at the MK.
“The current stage is the crossing examination process among the parties involved in the judicial review of this law,” he added.
The amicus curiae was submitted by 13 individuals, including Professor Wahyudi Kumorotomo, Dr. Bhirowo Yudo Pratomo, Professor Sulistyowati Irianto, Dr. Totok Dwi Diantoro, Hasrul Halili, and Dr. Rahmat Andi Hartanto.
Other signatories include Dr. Hadi Wijaya, Professor Muhamad Thohar Arifin, Dr. Muhammad Baharuddin, Tini Hadad, Indah Sukmaningsih, and Imam Ratrioso.
Author: Alena
Editor: Gusti Grehenson
Photograph: Salwa
Post-editor: Rajendra Arya