Public Participation and Norms Harmonization in the Making of Law No. 17 of 2023 on Health According to Constitutional Court Decision No. 130/PUU-XXI/2023

Vollständiger Abstract

Worum geht es in dieser Arbeit?

This research examines the Constitutional Court Decision No. 130/PUU-XXI/2023 which strengthens the protection of the constitutional right to health as guaranteed by Article 28H paragraph (1) of the 1945 Constitution.This research focuses on two problem formulations: first, the Constitutional Court's view of the implementation of meaningful public participation in the formation of Law No. 17 of 2023 concerning Health; second, does the decision cause consequences for the legislature and the executive to harmonize the norms between the Health Law and the Law No. 40 Year 2004 concerning the National Social Security System (SJSN). The research method used is normative juridical with statutory, conceptual, and case approaches. The research results show that the Constitutional Court Decision No. 130/PUU-XXI/2023 places public participation in the establishment of the Health Law on procedural standards, without assessing the quality of involvement of the affected parties. This decision also emphasizes the need to harmonize the norms between the Health Law and the SJSN Law to prevent overlapping regulations in the national health insurance system.