Tragedy Of Irene's Mother Dies With Her Baby: PDIP Legislator Calls Rejection Of 4 Hospitals In Papua Violating The Constitution

Member Of Commission IX DPR From The PDIP Faction, Edy Wuryanto/ANTARA

JAKARTA Member of Commission IX DPR from the PDIP faction, Edy Wuryanto, strongly condemns the case of a pregnant woman in Papua who died with her baby after being rejected by four hospitals.

He considered that the incident was not just an administrative negligence, but a blatant violation of the Health Law which must be processed legally.

"In the Health Law, (health services) are human rights that should not be reduced in any situation," Edy told reporters, Wednesday, November 26.

Edy emphasized that the 1945 Constitution clearly regulates the obligations of the state in providing health services.

Article 28H paragraph (1) states that every citizen has the right to live prosperously and obtain health services. Paragraph (2) emphasizes the ease of accessing services, while Paragraph (3) ensures the right to social security, including health financing through the JKN scheme.

"When a pregnant woman in an emergency condition is rejected by the hospital just because the classroom 3 is full or because she is unable to pay a down payment, then there the state has failed to carry out the constitutional mandate," said Edy.

He also highlighted Article 34 paragraph (3) of the 1945 Constitution which places the responsibility of the state for the provision of proper health facilities. On this basis, Edy assessed that hospitals should not use human life as a transaction or administrative matter.

"Health facilities are the country's mandate to protect lives," he said.

Edy reminded that Law 17 of 2023 concerning Health has strictly regulated the handling of emergency patients. Article 174 requires all hospitals, both government and private, to prioritize saving lives and prevent disability.

The article also prohibits hospitals from rejecting patients, asking for a down payment, or delaying services for administrative reasons.

"Mrs. Irene came in a condition about to give birth. That is the most basic definition of emergency. The four hospitals that refuse have neglected their legal and moral obligations," said Edy.

He added that the violation had serious legal consequences. Article 438 of the Health Law regulates a criminal threat of up to 10 years in prison or a maximum fine of IDR 2 billion if refusal of emergency patients causes death.

Therefore, Edy assessed that the legal process must target not only medical personnel or officers in the field, but also the leaders of health facilities who are responsible for service governance.

"I ask the Police to intervene in handling this case. The death of a mother and her baby is not just an incident, but a result of a real violation of the law," he said.