An open doctoral examination was held on Saturday, 10 September 2016, at Room III.1.1, Faculty of Law (FH), Universitas Gadjah Mada (UGM). Through her dissertation entitled Policy Direction for Health Sector Regulation in the Era of Broad Regional Autonomy, Mailinda Eka Yuniza, S.H., LL.M. successfully earned her doctoral degree.
The examination was chaired by Prof. M. Hawin, S.H., LL.M., Ph.D., with Prof. Dr. Enny Nurbaningsih, S.H., LL.M. serving as promoter and Dr. Zainal Arifin Mochtar, S.H., LL.M. as co-promoter. The doctoral examination also featured three external examiners from outside FH UGM: Prof. Dr. Saldi Isra, S.H., MPA. from Universitas Andalas (UNAND), Prof. Dr. Ni’matul Huda, S.H., M.Hum. from Universitas Islam Indonesia (UII), and Prof. Dr. Agus Pramusinto, MDA. from UGM’s Faculty of Social and Political Sciences.
The research was motivated by the recognition of the right to health as part of human rights and an essential element of public welfare that must be fulfilled. In addition, the government’s commitment to ensuring access to healthcare is reflected in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which states that “everyone has the right to live in physical and spiritual prosperity, to reside, and to enjoy a good and healthy environment, as well as to receive health services.”
In general, the dissertation by the lecturer from FH UGM’s Department of Administrative Law (HAN) focused on three key aspects. First, there has been a shift in the direction of health sector regulation from a centralized system toward decentralization. Second, the extent to which health sector regulations can be implemented is determined not only by the decision space available to regional governments, but also by other factors, including their capacity and willingness to implement the policies. Third, there are areas of regulation that need to be improved by the central government in order to fulfill the decision space theory.
For example, a transition period is needed to gradually strengthen the capacity of regional governments. This process requires harmonization between sectoral regulations and regional government regulations, as well as implementing regulations such as Norms, Standards, Procedures and Criteria (NSPK) and Minimum Service Standards (SPM). The research also complements previous studies by Prof. Mahfud and Prof. Enny, as well as Bossert’s decision space theory.
Following a 10-minute break, the examination team returned to the doctoral examination room to announce the results. Mailinda Eka Yuniza, S.H., LL.M. was declared to have successfully completed her doctoral examination with a Very Satisfactory distinction. Prof. Dr. Enny Nurbaningsih, S.H., LL.M. also expressed her hope that Mailinda’s achievement would serve as a starting point for further development in Administrative Law, particularly through deeper exploration of its fundamental aspects. (Irzi/Adik)
