Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Agus Sahbani, Robert Sidauruk
Notwithstanding that Article 7 (4) of the Law No. 44 of 2009 on Hospitals (Hospital Law) requires all hospitals to be incorporated as a juristic person (badam hukum), this does guarantee that hospitals can provide professional services to the public.
Despite corporate status, poor governance at a number of hospitals in Indonesia is in some cases resulting in circumstances where doctors and other staff are not paid.
This view was delivered by Slamet Budiarto, a medical law practitioner, when he appeared as an expert at a judicial review trial regarding the Hospital Law, at the Constitutional Court on Thursday.
Slamet referred to a Supreme Court decision that ordered a prominent hospital—operating with legal status as a juristic person—to compensate a patient for IDR 2 billion.
“The case shows that the level of professional services of a hospital are not determined by its legal status alone, but also a lot of other factors including human resources,” Slamet said to the panel of judges.
Slamet said that Article 7 (4) of the Hospital Law threatens the existence of hospitals that manage their activities properly under different arrangements. .
If Article 7 (4) of the Hospital Law remains in force, Slamet asserted that this will result in a systematic impact on health services, education and research undertaken by hospitals.
“Hospitals that do not comply with Article 7 (4) have two options, either stop operations or provide health services without a license. Both options constitute losses for the hospital and society,” Slamet asserted.
Slamet also noted that the prohibition for private hospitals to engage in other business activities was imposed without sufficient consideration.
“Based on my observations, not a single hospital has gone bankrupt or provided unprofessional services merely because they are engaging in other business activities,” Slamet concluded.
As a background, the judicial review on the Hospital Law was filed by Muhammadiyah, an organization that provides a variety services to the public, including charitable medical services .
In its application, Muhammadiyah has requested the judicial review of Articles 7 (4), 17, 21, 25 (5), 62, 63 (2)-(3), and 64 (1) of the Hospital Law.
The applicant is arguing that these articles create a discriminatory classification difference between private and state hospitals and that this contravenes Articles 28D(1) and 28I of the 1945 Constitution which ensures equality before the law and nondiscriminatory treatment.
As an example, the applicant cited Article 7 (4) of the Hospital Law that requires hospitals established by the private sectortobe in form of a juristic person and prohibits them from engaging inother business activities as unconstitutional.
(hot/kc)
Agus Sahbani, Robert Sidauruk
Notwithstanding that Article 7 (4) of the Law No. 44 of 2009 on Hospitals (Hospital Law) requires all hospitals to be incorporated as a juristic person (badam hukum), this does guarantee that hospitals can provide professional services to the public.
Despite corporate status, poor governance at a number of hospitals in Indonesia is in some cases resulting in circumstances where doctors and other staff are not paid.
This view was delivered by Slamet Budiarto, a medical law practitioner, when he appeared as an expert at a judicial review trial regarding the Hospital Law, at the Constitutional Court on Thursday.
Slamet referred to a Supreme Court decision that ordered a prominent hospital—operating with legal status as a juristic person—to compensate a patient for IDR 2 billion.
“The case shows that the level of professional services of a hospital are not determined by its legal status alone, but also a lot of other factors including human resources,” Slamet said to the panel of judges.
Slamet said that Article 7 (4) of the Hospital Law threatens the existence of hospitals that manage their activities properly under different arrangements. .
If Article 7 (4) of the Hospital Law remains in force, Slamet asserted that this will result in a systematic impact on health services, education and research undertaken by hospitals.
“Hospitals that do not comply with Article 7 (4) have two options, either stop operations or provide health services without a license. Both options constitute losses for the hospital and society,” Slamet asserted.
Slamet also noted that the prohibition for private hospitals to engage in other business activities was imposed without sufficient consideration.
“Based on my observations, not a single hospital has gone bankrupt or provided unprofessional services merely because they are engaging in other business activities,” Slamet concluded.
As a background, the judicial review on the Hospital Law was filed by Muhammadiyah, an organization that provides a variety services to the public, including charitable medical services .
In its application, Muhammadiyah has requested the judicial review of Articles 7 (4), 17, 21, 25 (5), 62, 63 (2)-(3), and 64 (1) of the Hospital Law.
The applicant is arguing that these articles create a discriminatory classification difference between private and state hospitals and that this contravenes Articles 28D(1) and 28I of the 1945 Constitution which ensures equality before the law and nondiscriminatory treatment.
As an example, the applicant cited Article 7 (4) of the Hospital Law that requires hospitals established by the private sectortobe in form of a juristic person and prohibits them from engaging inother business activities as unconstitutional.
(hot/kc)