Proporsionalitas Kewajiban Internsip Dokter Indonesia sebagai Prasyarat Praktik Kedokteran dalam Perspektif Hukum Kesehatan

Abstract

The Indonesian Doctor Internship Program (Program Internsip Dokter Indonesia/PIDI) serves as a mandatory prerequisite for newly graduated doctors before obtaining full authority to practice medicine independently. While the program aims to enhance professional competence and ensure patient safety, its mandatory nature raises legal questions regarding the restriction of professional rights. This study examines the proportionality of the Indonesian Doctor Internship Program as a prerequisite for medical practice from a health law perspective. The research employs a normative juridical method using statutory and conceptual approaches. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, Law Number 17 of 2023 concerning Health, and Minister of Health Regulation Number 7 of 2022 concerning the Implementation of the Indonesian Doctor and Dentist Internship Program. Secondary legal materials include books, scientific articles, and legal journals relevant to health law and the principle of proportionality. The findings indicate that the internship requirement has a legitimate objective, namely protecting patients and improving the quality of healthcare services. The program also satisfies the suitability test because it contributes to the professional development of newly graduated doctors through supervised clinical practice. Nevertheless, the necessity and balancing aspects of proportionality remain subject to debate, particularly regarding the restriction of doctors’ professional rights and the limited contribution of internship placements to healthcare workforce distribution in remote areas. This study argues that the internship policy should be reoriented toward competency-based professional training while maintaining patient protection and ensuring a fair balance between public interests and the professional rights of medical practitioners.