Regarding Case Number 111 (Collegium and Independence)
The Chair of AFDOKGI (Association of Indonesian Dental Faculties), who also serves as the Dean of the Faculty of Dentistry, Universitas Gadjah Mada (FKG UGM), Prof. drg. Suryono, S.H., M.M., Ph.D., delivered his statement at the Constitutional Court regarding Health Law No. 17 of 2023.
Collaboration between AFDOKGI and the Collegium: AFDOKGI, which oversees 45 dental education institutions, has established harmonious cooperation with the Indonesian Dental Collegium (KKGI) in the implementation of competency examinations and the issuance of competency certificates.
Shift in the Position of the Collegium: The position of the Collegium has shifted from previously being under the professional organization (PDGI) to becoming part of the Indonesian Health Council (KKI) under the Ministry of Health (Kemenkes).
Demand for Independence: Ideally, the Collegium should be an independent institution free from governmental intervention in order to guarantee academic freedom.
Lack of Independence of KKI and the Collegium: The placement of the Collegium as an auxiliary body of the KKI, which is under the Ministry of Health, has rendered the KKI no longer an independent institution. This differs from the former Indonesian Medical Council (KKI), which was directly accountable to the President.
Repressive Regulation: AFDOKGI agrees with the petitioners that Article 451 of the Health Law, which states that collegia established by professional organizations are only recognized until a new collegium is established, constitutes a repressive regulation because it abolishes existing collegia formed by professional associations without a legitimate legal basis.
Regarding Case Number 156 (Recommendations of the Professional Discipline Council)
AFDOKGI welcomes the regulatory reform in Article 304 of the Health Law, which requires a recommendation from the Professional Discipline Council (MDP) before legal (criminal) proceedings against medical or health personnel may proceed.
This regulation can eliminate moral, psychological, social, and economic sanctions (such as character assassination) that often occur in law enforcement processes involving medical or health personnel.
Principle of Lex Specialis: Medical treatment is based on medical science, which is not an exact science. Therefore, outcomes that do not meet expectations should not be unfairly reported directly as criminal malpractice. The existence of the MDP provides state protection.
Scope of Recommendations: MDP recommendations are only required for legal cases related to the performance of professional duties, not for criminal acts committed as citizens (for example, corruption or traffic accidents).
Three Assessment Standards of the MDP: The MDP uses Professional Standards, Service Standards, and Standard Operating Procedures (SOP) as benchmarks to determine whether there has been a disciplinary violation before issuing a recommendation for legal proceedings.
Regarding Case Number 182 (Single Professional Organization, Council, and Training)
Professional Organization Cluster: Ideally, medical professional organizations should be singular to prevent multiple standards of the Code of Ethics and to maintain professional dignity. However, the existence of more than one professional organization is possible if the Code of Ethics and Professional Standards have been standardized into a national consensus in the form of regulation.
Indonesian Health Council (KKI) Cluster: The placement of the KKI under the executive branch (Ministry of Health) raises concerns about its lack of independence. The Council should stand independently as a non-structural institution directly accountable to the President, as was the case with the previous KKI.
Collegium Cluster: As an auxiliary body of the Council, the Collegium also becomes non-independent and risks shifting from an academic body to an executive tool used to exert pressure on related institutions or partners, for example in the implementation of competency examinations.
Training and Competency Cluster: The centralization of training and competency under the government through the Ministry of Health aims at standardization and economic interests. Training curricula must be approved by the Collegium and uploaded to the Ministry of Health’s Pelataran Sehat website, and registration fees are associated with these activities.
Cluster on the Abolition of SIP Recommendations: The abolition of recommendations from professional associations for obtaining a Practice License (SIP) is detrimental to members due to the loss of communication with branch administrators. This complicates the control of ethical code implementation to safeguard professional dignity.
Cluster on the Revocation of Law No. 29/2004: Public unrest regarding the revocation of the Medical Practice Law (No. 29/2004) is understandable, as society is confronted with new issues that disrupt the previously established comfort zone. AFDOKGI itself is striving to adapt to these new regulations.
Prof. drg. Suryono, S.H., M.M., Ph.D. hopes that his presence at the Constitutional Court can provide additional perspectives for the Court so that whatever decision is made will remain firmly grounded in the same Code of Ethics.
Authors: Fajar Budi Harsakti & Andri Wicaksono
