PURWOKERTO One of the applicants for the judicial review of Law Number 17 of 2023 concerning Health, M Mukhlis Rudi Prihatno, said that the submission of the case to the Constitutional Court (MK) was carried out for legal certainty in the implementation of specialist and subspecialist medical education in Indonesia.
"This material test step is a constitutional effort to ensure medical education remains legal certainty, and is in line with the higher education system as regulated in Law Number 20 of 2003 concerning the National Education System and Law Number 12 of 2012 concerning Higher Education," said the Dean of the Faculty of Medicine, Jenderal Sudirman University (Unsoed) in Purwokerto, Banyumas Regency, Central Java, Antara, Tuesday, September 23.
Case Number 143/PUU-XXII/2025 filed with three other applicants Razak Ramadhan Jati Riyanto, M Abdul Latif Khamdilah, and Dr M Hidayat Budi Kusumo SpB have officially entered the evidentiary stage at the Constitutional Court accompanied by a team of attorneys for the Nanang Sugiri SH & Partners Advocate Office.
The plenary session with the agenda of hearing the statements of the DPR and the President is scheduled to take place Thursday, October 2, 2025 at 13.30 WIB in the 2nd Floor Plenary Session Room, the Constitutional Court Building, Jakarta.
Mukhlis assessed that Article 187 Paragraph (4) and Article 209 Paragraph (2) of the Health Law which gives authority to educational hospitals as the main organizer of the specialist doctor education program have the potential to lead to system dualism.
This provision gave birth to two educational pathways "university-based and hospital-based" which are considered to be able to damage the unity of the national education system.
"Health education must be in one higher education system," he said.
He reminded that if dualism is allowed to occur, legal uncertainty will arise and disturbances to the quality of education of specialist doctors and subspecialists.
In addition, he continued, the articles tested have the potential to conflict with Article 28D Paragraph (1) of the 1945 Constitution regarding the right to fair legal certainty, as well as Article 31 Paragraph (3) of the 1945 Constitution concerning the right to a national education system.
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"We hope that the Constitutional Court can explore objectively all legal arguments submitted, so that a decision is made that provides justice for the wider community, especially regarding the dignity of education specialist doctors and/or subspecialists," said Mukhlis.
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