The State is responsible for the provision of viable healthcare facilities and public service facilities as provided in Article 34 paragraph (3) of the 1945 Constitution. The importance of public health, the country is responsible for decent health services is included in the organization of the profession of a physician that is not separate from the the country's efforts. The matter was submitted by the General Staff of the University of Andalas Ferries Amsari, who was present as an Expert in the trial of the trial of Article 1 12 of Law Number 29 Year 2004 on Medical Practice (Medical Practice Law) on Wednesday (19/12) at the Plenary Meeting Room MK.
The registration number Number 80 / PUU-XVI / 2018 is requested by 36 individual citizens consisting of lecturers, retired lecturers, and medical professors. The Petitioners declare Article 1 point 12 and 13 and Elucidation of Article 1, Article 29 paragraph (3) letter d and Explanation, and Article 28 section (1) of the Medical Practice Law potentially disadvantage the constitutional rights of the Petitioners. Furthermore, Ferries communicating doctors in their professional organizations should be able to create a good working environment. So it is integrated with the optimal public health service. In other words, states play a role in organizing medical profession organizations to provide healthcare services to citizens as fully as possible.
"Through the au ID of IDI goals should be designed in such a way that it can provide optimal services for the community. So the professional organization can act in professional services in accordance with the mandate of the constitution, "explained the Ferry in front of the hearing led by MK Chairperson Anwar Usman accompanied by eight other constitutional judges.
The nature of the MK Decision
In that case, the Ferry also provided evidence that the Court's decision was binding on anyone. Although constitutionalized is already stated in Number 10 / PUU-XV / 2017 regarding the issue of the Medical Practice Law, many of the public have yet to understand it. Through the verdict, added Ferries, MK views in the medical profession organization there is a problem with its management. The Court stated that IDI could not be a regulator, but based on the theory of power, there was something in the profession of this profession that was deviated. In addition, the Constitutional Court also outlines aspects of oversight within the society against the highly-instrumental medical profession. That is, the Constitutional Court judges without medical professionalism then the public health guarantee will be disturbed later. "So,
At the same time, the Health and Policy Management Expert Gajah Mada Laksono Trisnantoro, also presented by the Petitioners, conveyed the need for an IDI authority bound by guiding the WHO applied system. According to Laksono, actors in the health system can actually be from government, private, and government quasi institutions such as the Indonesian Medical Council (KKI). Thus, it is possible that conflicts inhibit the implementation of the decision-making system in the health service of the parties to the health system.
Furthermore, Laksono sees to produce a good health system and the leader is the key. In that case, the leader of a medical profession organization should be led by a competent physician to avoid risking the provision of good health services to the community. "In view of IDI's existence with its own self-regulating body , IDI can lead to monopolistic so that it becomes the root of the problem until now by repeatedly this matter is tested to the Constitutional Court," explained Laksono.
Therefore, IDI's position in the future, added Laksono, is expected through the limitation of its self-regulating body and through government roles. In other words, the Government plays a role in monitoring the availability of competent physicians, IDI is positioning itself in the field of work or human resources management in the improvement of professionalism, while Kolegium is independently managed to focus on KKI-controlled recertification. "So do not rely on IDI without supervision. Through this restriction will be good for the development of IDI that is loved by its members and triggered by the development of professional organizations to further increase the value of the world of health in Indonesia, "said Laksono.
Not the King
Mulya Mujtahid Ahmad, who had been the Chairman of PB IDI Period 2000 - 2003 presented as the Petitioner's Witness, said that IDI's understanding was the only medical profession organization with no other medical organization. Based on his experience, Mujtahid views IDI's view of other medical organizations, which have been misunderstood by IDI. Since 2003 - 2015, added Mujtahid, AD / ART IDI is adapted to the meaning of the UU a quo. Then in 2015 gradually AD / ART has been revised where the IDI leadership structure is in line with the Council of Ethics of Medical Ethics (MKEK), the Council of Personnel Services Development (MPPK), and the Indonesian Medical Colleges Council (MKKI). "So, IDI as the home guard and not the king of the IDI profession organization," the Mujtahid story.
Previously, those who declare Article 1 point 12 of the Medical Practice Law in the sense of the phrase "Indonesian Doctors Association," the Petitioner considered the article to be narrowly interpreted solely as General Manager of the Indonesian Doctorate (PB-IDI) for the national level. IDI's environments have several autonomous assemblies, such as the Council of Ethics of Medical Ethics (MKEK), the Personnel Services Development Council (MPPK), and the Indonesian Medical Colleges Council (MKKI). The definition of IDI in the article is deemed to have placed the assemblies subordinate to PB-IDI. Particularly for the Indonesian Medical Colleges Council (MKKI) which resulted in PB-IDI's interference to intervene in academic / medical education. checks and balances between IDI environments as practiced by senior IDIs during the period of 2000. For that reason, the Petitioners requested the Constitutional Court of Justice to declare a conditional constitution against the articles being tested.
Source: THE CONSTITUTIONAL COURT OF THE REPUBLIC INDONESIA