JAKARTA The government has issued Government Regulation (PP) No. 28 of 2024 at the end of last July, and is currently drafting a number of derivative rules in the form of the Draft Regulation of the Minister of Health (RPMK). However, the process of drafting various RPMKs has drawn polemics in various sectors.

A number of parties voice objections to rejection of the substance of the rules that are considered not to involve and also do not accommodate input, especially regarding matters that regulate fields outside of health. It is known that the PP and its derivative RPMK contain provisions that are outside the authority of the Ministry of Health in various sectors, from medical education, food and beverages, to tobacco.

A number of medical experts who are members of the Nusantara Medical Education Care Group (KP2KN) sent a summons to the Minister of Health (Menkes) Budi Gunadi Sadikin regarding alleged irregularities in the process of establishing the Indonesian Health Kolegium.

In the summons, KP2KN highlighted the election of the chairman of the Indonesian Health Kolegium as regulated in the announcement letter No. KP.01.02/A/5105/2024, which was signed by the Secretary General of the Ministry of Health on behalf of the Minister of Health on September 23, 2024.

The Minister of Health is considered to have wrongly implemented his authority to regulate the selection mechanism, procedures for the appointment and dismissal of members, as well as the work procedures of the Indonesian Health Kolegium, as stipulated in Article 711 of PP No. 28 of 2024.

On that basis, the KP2KN urged the Minister of Health to stop the process of selecting the chairman, vice chairman, and members of the Indonesian Health Kolegium because it was considered to mix the process of establishing the Kolegium on health discipline.

KP2KN also demanded the revocation of the Minister of Health Regulation (PMK) No. 12/2024, which is considered to have smuggled the collegium formation process through the election.

They considered that the regulation was contrary to Law Number 17 of 2023 and its derivative rules, Government Regulation (PP) Number 28 of 2024, and was not in accordance with the principles of deliberation and consensus which are commonly used in the election of chairmen and members of the medical collegium.

"If this subpoena is not heeded within 14 days, we will take legal action," said KP2KN in its summons, on Wednesday, October 2.

Meanwhile, the issue of defects in the initiative rules of the Minister of Health was also conveyed by the Association of Indonesian Tobacco Farmers (APTI). They explicitly reject the Draft Regulation of the Minister of Health (RPMK) proposed by the Ministry of Health as a follow-up to Government Regulation no. 28 of 2024. It is known, this rule contains provisions for plain cigarette packaging without a brand that are opposed by many parties.

APTI assesses that the provisions regarding the packaging of plain, brandless cigarettes in the RPMK will harm the tobacco industry, including farmers, and urge the government to review the RPMK and PP 28/2024.

APTI Secretary General, Kusnasi Mudi stated that this regulation threatens the livelihood of 2.5 million tobacco farmers who rely heavily on the industry. According to him, there is a strong connection between the upstream and downstream sectors in the tobacco ecosystem, and if the downstream sector is suppressed, farmers will be affected.

"If the downstream continues to be suppressed, upstream there are farmers who are affected," he said.

Mudi also highlighted the proposal to ban total advertisements for tobacco products and plain packaging in PP 28/2024 which was considered a systematic effort to implement regulations similar to countries that ratify Framework Convention for Tobacco Control (FCTC).

He emphasized that the ratification of the RPMK would threaten the livelihoods of tobacco farmers. Mudi assessed that farmers will not be calm in farming and making a living, if openly there are systematic and massive efforts that will immediately change the rules of Indonesian tobacco so as to tackle the source of living for millions of people.

"Stipulating the RPMK is tantamount to thwarting farmers from making a living," he explained.

Previously, the General Chairperson of Gaprindo, Benny Wachjudi, also urged the government to look at criticism of the Draft Permenkes and PP 28/2024 which emerged from the public as important matters. Moreover, this criticism was increasingly prominent because before the PP was signed by President Joko Widodo (Jokowi), there was no good coordination with several related ministries.

"The Ministry of Health seems to make unilateral decisions, and this is very regrettable for us," he said.

Benny also emphasized that although entrepreneurs agree with the goal of improving public health, the approach taken cannot only involve health or industrial aspects. "We need to sit down together to discuss this issue comprehensively," he added.

From an industrial point of view, several articles in this PP are considered necessary to review. In addition, Benny also suggested that the process of drafting the Permenkes Draft should be stopped until there are new ministerial officials. He hopes that the new Minister of Health will open a discussion room that accommodates input from various parties, especially the affected labor and industry.

Minister of Health (Menkes) Budi Gunadi Sadikin also opened his voice in responding to a summons to him by the Nusantara Medical Education Care Group (KP2KN) regarding the process of establishing the Indonesian Health Kolegium.

When met after inaugurating the Aesthetic Service Building at the Ngoerah Hospital in Denpasar, Bali, Thursday, Minister of Health Budi Gunadi conveyed that the summons to him was normal, instead brought the Indonesian democratic climate to life.

"Oh, that's okay, it's normal in a democracy. There are rules regarding the formation of laws and regulations," said Minister of Health Budi Gunadi Sadikin, quoted from Antara, Thursday, October 3.

In this regard, previously a number of medical experts who were members of the Nusantara Medical Education Care Group (KP2KN) sent a subpoena to Minister of Health Budi Gunadi Sadikin which was considered offside in the process of establishing the Indonesian Health Kolegium.

KP2KN highlighted the holding of the election for the Chairman of the Indonesian Health Kolegium in accordance with the announcement letter Number: KP.01.02/A/5105/2024 which was signed by the Secretary General of the Ministry of Health on behalf of the Minister of Health on September 23, 2024.

The group requested that Minister of Health Budi revoke Regulation of the Minister of Health (PMK) Number 12/2024 concerning Selection Mechanisms, Procedures for Appointment and Dismissal, and Work Procedures for Indonesian Health Consils, Indonesian Health Kolegium, and the Professional Disciplinary Council.

In his remarks at Prof. Ngoerah Hospital, Minister of Health Budi Gunadi apologized for all unpleasant things while serving as Minister of Health of the Republic of Indonesia. However, he admitted that he made many changes.

"I made a lot of changes, maybe it's not fun, maybe at the beginning I hurt my heart, the Minister of Health always said what it was, so I'm here, I want to say I'm also not a perfect human being, just talk arbitrarily, take decisions quickly, you can't just go on, I'm sorry," said Minister of Health Budi.

"But, believe me, the intentions are good, the remaining 17 days are not necessarily met. This is a good opportunity for me to say goodbye. I'm sorry," said Minister of Health Budi Gunadi Sadikin.


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