TEMPO.CO, Jakarta - A number of advocates who are members of the Legal Supremacy Advocacy Team turned to the Supreme Court to challenge the regulation on the price cap of the COVID-19 PCR test which they deemed a violation against the Health Law and Law on the establishment of regulations.
“We have filed a judicial review on November 1,” said the team spokesman Richan Simanjuntak on Thursday, November 11.
On October 27, 2021, the Health Ministry officially lowered the maximum price for the PCR test to Rp275,000 for Java Bali and Rp300,000 for outside Java and Bali, as stated in the Ministerial Circular No. HK.02.02/I/3843/2021.
Richan said the circular was burdensome for the applicants, including the Indonesian people because the PCR test is considered an emergency response health service that should be fully covered by the State Budget and Regional Budget as stated in Article 82 of the Health Law.
The circular, he added, also automatically contradicts the Law on the establishment of regulations as it is considered as a rule that is binding and generally applicable.
“This creates confusion so it deserves to be revoked,” said Richan.
On that basis, Richan believed that the government is obliged to guarantee health services, including the cost of the PCR test, and ensures the people’s prosperity during non-natural disaster situations as mandated in Presidential Decree No. 1 of 2020.
The Health Ministry’s spokesperson Widyawati has not yet responded to Tempo’s request for confirmation regarding the judicial review of the rule on the price ceiling of PCR test.