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PROBLEMATIKA FORMIL DALAM UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN ATAS PUTUSAN MK NOMOR 130/PUU-XXI/2023
Regulation Number 17 of 2023 concerning Health has caused controversy among the medical profession, especially regarding the judicial review application filed by the Indonesian Doctors Association (IDI). In its application, IDI argued that the process of forming the Health Law did not optimally involve health professional organizations in every stage of its formation. In fact, the involvement of stakeholders, especially health professional organizations, is very crucial considering that the substance regulated in this law will have a direct impact on the implementation of medical practice and health services in Indonesia. In addition, IDI also questioned the short time for discussing the Health Bill in the DPR which was considered not to provide sufficient space to conduct in-depth studies and absorb aspirations from various parties. This study aims to analyze the formal problems in the law based on the Constitutional Court Decision Number 130/PUU-XXI/2023 which rejected the judicial review application filed by IDI. The main problems studied are the formal aspects of the formation of the Health Law and the basis for the Constitutional Court's considerations in rejecting the application. This study uses a normative legal method with a statutory approach and a case approach. The theories used in analyzing this problem are the Theory of Formation of Legislation, Theory of Public Participation and Theory of Siyasah Tasriiyah. The data used are secondary data consisting of primary legal materials in the form of legislation and Constitutional Court decisions, as well as secondary legal materials in the form of related legal literature. Data analysis was carried out qualitatively using the legal interpretation method. The results of the study indicate that the Constitutional Court rejected the IDI's application on the grounds that the process of forming the Health Law had fulfilled the formal procedures as stipulated in Law Number 12 of 2011 concerning the Formation of Legislation. The Constitutional Court in its decision emphasized that the legislative process had been in accordance with the specified stages, starting from planning, drafting, discussion, ratification, to enactment. The applicant's argument stating that there were formal defects in the process of forming the law could not be proven convincingly. The Constitutional Court considered that the involvement of stakeholders, including IDI, had been accommodated in the process of forming the law through various discussion forums and public consultations. In addition, the Constitutional Court also emphasized that the process of discussing and ratifying the Health Law had been in accordance with the applicable formal provisions, so that there were no procedural defects in its formation.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
PROBLEMATIKA FORMIL DALAM UNDANG-UNDANG NOMOR 17 TAHUN 2023 TENTANG KESEHATAN ATAS PUTUSAN MK NOMOR 130/PUU-XXI/2023 (Text)
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