Meanwhile, in the provisions of Articles 707, 708 and 710 of Government Regulation (PP) No. 28 of 2024.
Jakarta, internasionalpos.com
Lawyer OC Kaligis dragged the Minister of Health (Menkes) Budi Gunadi Sadikin to the State Administrative Court (PTUN) for intervening in the Collegium which should be independent and free from government interference.
“We have registered with the PTUN case registration number 470/G/2024/PTUN.JKT and the plan for the next trial is January 7, 2025,” said OC Kaligis in Jakarta, Tuesday.
Kaligis said that currently the independence of the medical profession in Indonesia is facing destruction because in various regulations made by the Minister of Health Budi Gunadi Sadikin, it sides with capitalists, so the pillars of national resilience amidst global threats.
The statement was related to a group of doctors called Doktara (Doctors Who Love the Country) consisting of experts and professors and professors who work in hospitals and universities who are concerned about the current condition of the medical profession due to government interference.
Doktara even gave Kaligis the power to handle and accompany them during the trial at the TUN so that the summons has legal validity.
In the Minister of Health’s Decree Number: HK.01.07/Menkes/158/2024 concerning the Membership of the Indonesian Health Collegium appointed directly by the minister, this certainly sets a precedent that harms the independence of the medical profession, but in his opinion the decision is an unlawful act.
Meanwhile, in the provisions of Articles 707, 708 and 710 of Government Regulation (PP) No. 28 of 2024, it is essentially stipulated that the collegium in carrying out its duties, functions and authorities must coordinate with the minister, so the minister can make adjustments to the implementation of those duties, functions and authorities.
Even prospective members of the collegium are selected by the Minister of Health, appointed and dismissed, this provision, said Kaligis, clearly eliminates the independence of the collegium in carrying out its duties, functions and authorities.
This certainly contradicts the Health Law, Article 1 in conjunction with Article 272, which regulates that the collegium carries out its duties and functions independently and each group of experts in each health discipline in forming the collegium.
“According to Article 28E paragraph 3 of the 1945 Constitution, everyone has the right to freedom of association, assembly and expression of opinion, so before the Decree of the Minister of Health, the independence of the health collegium was completely outside government interference,” said the Professor of Manado State University, North Sulawesi.
After the trial at the Jakarta PTUN, Doktara gave a press statement to a number of journalists in the Kuningan area, South Jakarta entitled “Health Pro People, Against the Abuse of Power of the Minister of Health”.
Kaligis as the attorney accompanying Doktara did not receive payment, aka free (pro bono) from the PTUN to the Supreme Court (MA).
According to him, the General Principles of Good Governance are regulated in the explanation of Law No. 30 of 2014 concerning Government Administration.
He added that the abuse of authority that could change the collegium from an independent scientific institution into a political tool of the government, so regarding the Regulation of the Minister of Health, it was submitted to the PTUN as a legal legality and not an ordinary summons.
** (adi)
