Minister of Health issued Minister of Health Regulation No. 33 Year 2022 on the procedures for the handling of legal cases within the Ministry of Health. This regulation is stipulated to create order, uniformity, and legal certainty in the implementation of the handling of legal cases within the Ministry of Health. The regulation stipulates the handling of legal cases within the ministry of health, the procedures and settlement of legal cases.
Legal Case Handling
The handling of legal cases within the Ministry of Health consists of handling legal cases in non-litigation basis and litigation basis.
The handling of legal cases in litigation basis consists of:
- handling of judicial review cases
- handling of civil cases
- handling of state administrative cases
- handling of criminal cases
- handling of cases in other judicial bodies
The handling of legal cases in non-litigation basis consists of:
- resolved through deliberation or non-judicial institutions/bodies based on the agreement of the litigants.
- the deliberation is conducted between the litigants or involving third parties.
- third parties include mediators, consultants/experts, practitioners, and/or other parties who assist in the settlement of legal cases.
- institutions / agencies outside the judiciary as referred to are the Indonesian National Arbitration Board and the Ombudsman of the Republic of Indonesia, the Public Information Commission and other alternative dispute resolution agencies / institutions both at home and abroad.
- conducted through consultation, negotiation, mediation, conciliation, expert judgment and other efforts in accordance with the provisions of laws and regulations.
Forms of Legal Case Handling
The forms of the handling of legal cases within the Ministry of Health are as follows:
The Handling of Non-litigation Legal Cases
The handling of non-litigation legal cases is carried out by the Secretariat of Echelon I Units, Technical Implementation Units and/or Bureau. The technical implementation units must coordinate with the Bureau. The results of the agreement in the handling of non-litigation legal cases can be registered with the court to obtain a stipulation to be implemented by the parties.
The Handling of Litigation Legal Cases
- The Handling of Judicial Review Cases. The handling of judicial review cases is carried out by the president, who appoints a minister. With the exception of the provisions, the handling of judicial review cases against ministerial regulations, or other legal products for which a judicial review application is received at the Supreme Court, is carried out after a notification letter from the Supreme Court. The minister may grant substitute power of attorney to an associate leadership official for the handling of judicial review cases at the Constitutional Court and the head of bureau and other officials within the ministry of health for the handling of judicial review cases at the Supreme Court.
- The Handling of Civil Cases. The handling of civil case is carried out to resolve disputes between beneficiaries and other legal subjects, either individuals or legal entities in the civil sector through ordinary legal remedies and extraordinary legal remedies in accordance with statutory provisions. The beneficiary can act as the party filing the lawsuit/plaintiff (beneficiaries who are facing legal cases that cannot be resolved non-litigation) or the party being sued/defendant (beneficiaries who are facing legal cases that cannot be resolved non-litigation and have received a summons from the court).
- The Handling of State Administrative Cases. The handling of state administrative cases is carried out in the event of a state administrative dispute between the beneficiary and a person or civil legal entity as a result of the issuance of a state administrative decision related to the ministry of health which is the object of the case through ordinary legal remedies and extraordinary legal remedies in accordance with the provisions of laws and regulations. The beneficiary is the party filing the lawsuit/plaintiff or the party being sued/defendant. The object of the case consists of presidential decisions, ministerial decisions, decisions of the head of the main unit, other decisions issued by officials within the ministry of health and other decisions issued by officials outside the ministry of health related to the ministry of health.
- The Handling of Criminal Cases. The handling of criminal cases is carried out in the event that the recipient of assistance receives a request from law enforcement officials to provide information on the occurrence of alleged violations of criminal law or the recipient of assistance reports/complaints to law enforcement officials on the occurrence of alleged violations of criminal law. Handling is provided in the form of legal assistance. Legal assistance can be provided in the process of requesting clarification, investigation, investigation and / or trial and providing information or reporting / complaints by recipients of assistance to law enforcement officials as witnesses, experts, or reporters / complainants.
- The Handling of Cases in Other Judicial Bodies. The handling of cases in special courts consists of industrial relations courts and other courts in accordance with the provisions of laws and regulations. Activities in the handling of cases in other judicial bodies are the preparation of legal studies/examination of the object of the lawsuit, preparation of documents and data, preparation of power of attorney or letter of assignment, and assistance or attendance to represent the legal interests of the beneficiary.
Procedures for The Handling of Litigation Legal Cases
Based on Minister of Health Regulation No. 33 of 2022, the process of the handling of litigation legal cases is as follows:
- every activity in the handling of litigation legal cases n within the Ministry of Health is carried out by the assistance provider based on a request from the recipient of the assistance.
- in the implementation of such activities, coordination with the bureau is carried out.
- the provider of assistance in the handling of legal cases may coordinate and/or involve with related ministries/institutions, experts, experts, academics, and/or other relevant stakeholders.
- the recipient of assistance must submit an application for assistance in the handling of legal cases by attaching a summons from law enforcement officials/judicial institutions and a chronology of the legal problems faced.
- the secretary of echelon I unit shall then submit an application for assistance in the handling of legal cases from the bureau chief’s work unit by attaching a summons from law enforcement officials/judicial institutions, a chronology of legal problems faced, studies / studies and other necessary data.
- the request for assistance is submitted in writing by the head of the work unit to the bureau chief by attaching documents. If urgent, the request can be submitted orally or through electronic media.
- the request is followed up no later than five working days after the request is submitted.
- the handling of judicial review cases is carried out since the minister receives a notification letter and power of attorney from the president. This handling is carried out by preparing a legal study/examination of the object of the petition for judicial review, preparing a special power of attorney from the president to be signed by the minister, preparing a substitute power of attorney from the minister to the relevant high-ranking officials within the ministry of health, preparing the statement of the president/government and additional information if needed, preparing evidence, preparing witness and/or expert testimony, preparing conclusions and accompanying or attending the trial at the Constitutional Court.
- the preparation of legal studies/examinations for the handling of civil cases is carried out by the bureau after receiving a request submitted by the secretariat of echelon I units or work units within the secretariat general. The stages of trial examination that must be followed by the receiver of power of attorney include mediation /agreement /reconciliation, receiving or filing a lawsuit/answer and/or counterclaim, receiving or filing a replication/duplicate, receiving and filing evidence, attending a local examination, if necessary, presenting witnesses and/or experts, submitting conclusions, receiving a copy of the decision, filing or withdrawing an appeal, receiving or filing the reason of an appeal (memori banding) and/or the reason to counter-appeal (kontra memori banding), filing or withdrawing a judicial review request, receiving or filing the reason of judicial review (memori kasasi) or-counter-judicial review (kontra memori kasasi), filing or withdrawing a request for reconsideration, receiving or filing the reason of a reconsideration and/or counter-reconsideration, conducting case file examination (inzage), filing a request for execution, responding to a warning (aanmaning); and/or attending the execution.
- in the handling of state administrative cases, the beneficiary may involve state attorney prosecutors at the district attorney’s office, high attorney’s office, or attorney general’s office in accordance with the case being handled. The stages of trial examination at the Administrative Court are carried out with the provisions of attending the preparatory examination, receiving or filing a lawsuit/respond, receiving or filing a claimant reply to the defense/a respond to the defense of counterclaim, receiving and filing evidence, presenting witnesses/experts, submitting conclusions, receiving a copy of the decision, filing or withdrawing an appeal, receiving or filing a reason of appeal (memori banding) and/or counter-appeal (kontra memori banding), filing or withdrawing a judicial review request, receiving or filing a reason of judicial review (memori kasasi) and/or counter-judicial review (kontra memori kasasi), filing or withdrawing a request for reconsideration, receiving or filing a reason for reconsideration and/or counter- reconsideration, conducting examination of case files (inzage), filing a request for execution and responding to warnings (aanmaning).
- rehabilitation applies to the handling of criminal law cases in the form of restoring rights in the ability, position, dignity and respect of the person concerned. Recovery is carried out based on a warrant to stop the investigation, a determination letter to stop prosecution, or a court decision that has permanent legal force, the recipient of the assistance is not proven to have committed a criminal offense.
- The bureau shall monitor and evaluate the handling of legal cases within the ministry of health in the form of coordination and advocacy meetings. Monitoring and evaluation are carried out at least twice a year.
- in the implementation of the handling of legal cases within the ministry of health, legal guidance can be carried out in the form of counseling, technical guidance, group discussions, socialization and seminars.
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