When Health Workers Dispute About The Omnibus Law Health Bill: Much More Securities, Instead Of Money

A number of health workers rallied against the Health Omnibuslaw Bill in front of the Parliament Building, Senayan, Jakarta, on November 28, 2022. (Between/Sulthony Hasanuddin)

JAKARTA - Eliminating the role of health professional organizations in order to facilitate investment can actually threaten the safety of the people and the nation's sovereignty. With the absence of quality and performance supervisory organizations, will the community's right to get the best health services be fulfilled in the future?

This point makes the Indonesian Doctors Association (IDI), the Indonesian Dental Association (PDGI), the Indonesian Pharmacists Association (IAI), the Indonesian Midwives Association (IBI), and the Indonesian National Nurses Association (PPNI) firmly reject the Omnibus Law Health Bill.

Community participation or other social groups in health development planning is considered an obstacle to investment. Thus, the process of managing mandatory health worker documents such as Registration Certificates (STR) and Practice Permits (SIP), when referring to the Health Bill, no longer requires recommendations from professional organizations.

"Where is the ethical and moral supervision for doctors who serve the community?" said the Head of the Legal Division for the Defense and Development of Members (BHP2A) of the IDI Executive Board, Dr. dr. Beni Satria in her presentation on YouTube PB IDI on November 29, 2022.

STR is written evidence given to health workers who already have a competency certificate. This is a mandatory document to carry out health service activities. Referring to the previous rules, STR was issued by the respective health workers' construction and is only valid within 5 years.

Meanwhile in the Health Bill, STR is issued by the respective groups of health workers on behalf of the minister after fulfilling the requirements and being valid without a period of time.

"A doctor has been practicing for 20 years, then broke for 10 years, without following any medical developments and education, then he can practice again by attaching STR, what happens? After all, none of the countries have imposed STR for life. In fact, Singapore alone licenses only apply for 1 year, the Philippines is 3 years old, "said Beni.

Likewise SIP. SIP rules in the medical profession, dentists, midwives, nurses include recommendations from professional organizations and then SIP is regulated by a Ministerial Regulation, but in the new bill it is directly stated by the minister. In fact, ministers are political positions," Beni added.

Then related to professional medical organizations. Law Number 29 of 2004 concerning Medical Practice only recognizes IDI professional organizations and the Indonesian Dental Association (PDGI). However, Article 185 of the Health Bill states that the Minister can determine new types of health workers in each group and group of new health workers.

That, according to Beni, is very circuity. In fact, the existence of IDI and PDGI has been strengthened through the Constitutional Court's decision number 88/PUU-XIII/2015, With only one professional organization for one type of health worker, it will make it easier for the government to carry out supervision of the health worker profession in question.

Dr. dr. Beni Satria also questioned why the Omnibus Law Health Bill made it easier for foreign health workers to open practices in Indonesia. In fact, in the Doctor's Practice Law 36/2014 Article 53 paragraph (2) states that the utilization of foreign health workers is carried out taking into account: technology transfer and science; availability of local health workers.

Then, the STR for foreign health workers in the 36/2014 Tenakes Law is only valid for 1 year and can be extended only for the next year.

However, the Omnibus Law Health Bill Article 221 seems to make it easier, foreign health workers can practice in Indonesia in the context of investment or non-investment provided that there is a request from users of foreign health workers.

Then in Article 222, STR is valid for 3 years and can be extended as long as it meets the requirements.

"This threatens the nation's resilience. Bringing foreign health workers has the potential to threaten the safety of patients," said Beni.

Investors and costs of social and environmental transactions will make parties adopt the most efficient solution in overcoming risks, namely if there is pollution, it will be resolved between polluting companies and polluting victims through the cheapest solution.

"Thus, the Omnibus Law Health Bill is breathably for the provision of ease of investing at the expense of a number of long-term risks," added Beni.

Deputy Chairman of the Legislation Body of the DPR RI, M Nurdin, finds it surprising why professional organizations have made a fuss over the Omnibus Law Health Bill. In fact, the new discussion is limited to the preparation of academic manuscripts and has not yet become a bill.

"So the process is still RDPU (public hearing) to compile the Academic Script. And there is no draft bill yet. The process towards draft is still long," said Nurdin when receiving representatives of health organizations who protested against the Omnibus Law Health Bill on November 28, as reported from the official website of the DPR RI.

Deputy Chairman of Commission IX DPR RI Charles Honoris also said that the draft circulating in the community was not official, not from the DPR.

"We do not know who the draft bills circulating on social media are. We have never seen them and what is clear is that we do not recognize the draft circulating," he explained in the PDI-Perjuangan Faction Room of the DPR RI.

Even so, the DPR RI is always ready to listen to all the aspirations of health workers and health organizations related to the preparation of laws relating to them.

In principle, we are always open to input from all stakeholders, Charles emphasized.