Long-awaited Indonesian Health Law finally comes into force

Hogan Lovells

A new Health Law came into force in Indonesia on 8 August 2023. The new law (Law No.17 of 2023 on Health) (Health Law) holds monumental implications for the development and transformation of Indonesia's health care system. The Indonesian House of Representatives approved the Bill on Health during its 29th Plenary meeting on 11 July 2023, despite challenges and objections from some medical practitioners. We highlight some of the key changes


Telemedicine practice in Indonesia

The new Health Law provides legal certainty on the practice of telemedicine services offered directly between Health Service Facilities and the general public. This pivotal development empowers licensed medical practitioners, and health care professionals to seamlessly extend medical care and health consulting services directly to the general public through authorized Health Service Facilities.

The Health Law mandates that further detailed provisions pertaining to telemedicine services will be specified in implementing regulations of the Health Law.


Professional overseas graduates and foreign professionals

Previously, the regulations governing the practice of professional overseas graduates and foreign medical practitioners in Indonesia were insufficient. Furthermore, in practice, to pass the evaluations and obtain the necessary licence was a very long and hard process for them. The Health Law now introduces regulations on the eligibility for professional overseas graduates and foreign professionals to practice in Indonesia, providing key requirements and facilitating ease in their licensing process.

With these changes, the government intends to address the staffing shortages of medical professionals in Indonesia, improve the quality of health services, and reduce the high number of Indonesians seeking medical services abroad.


Other key changes

The Health Law also provides other key changes concerning health care funding, health care practice licensing, professional health care organizations and councils, product and substance restrictions, and updated criminal sanctions.


What's next?

The Health Law revokes and supersedes 11 regulations, which are, among others, the law on Hospitals, Medical Practice, Health Workers, Nursing, and Medical Education. The promulgation of the Health Law also means the introduction of implementing regulations which encompasses government regulations, presidential regulations, and the Minister of Health regulations.

The government intends to accelerate this process in order to support the health care system and to boost the effectiveness of the new law. It is likely however that the Health Law will be challenged by medical practitioners or relevant stakeholders at the Constitutional Court.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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