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Peraturan Menteri Kesehatan 5/2026Regulation
Full titlePeraturan Menteri Kesehatan Nomor 5 Tahun 2026 tentang Perbekalan Kesehatan
CitationPermenkes 5/2026
JurisdictionIndonesia
Enacted byMinister of Health
Signed17 April 2026
Promulgated4 May 2026
Effective4 May 2026
ReplacesForty earlier Minister of Health regulations, four of them in part (Pasal 125)

Peraturan Menteri Kesehatan 5/2026 (Peraturan Menteri Kesehatan Nomor 5 Tahun 2026 tentang Perbekalan Kesehatan) is an Indonesian ministerial regulation on health supplies: the medicines, medical devices and other materials and equipment used to deliver health care. It governs their planning, production, provision, circulation and control, and the supervision and sanctions that attach to them. It was signed by the Minister of Health, Budi G. Sadikin, on 17 April 2026 and took effect on its promulgation on 4 May 2026.[1][2] It is one of the instruments of health sector regulation in Indonesia, and implements sixteen provisions of Peraturan Pemerintah 28/2024, the implementing regulation of the Health Law, UU 17/2023.[3]

Its provisions on public purchasing make procurement through the government electronic catalogue the rule for public bodies and for health facilities running the national health insurance and other health programmes, and give priority to supplies made with domestic raw materials or components. The catalogue is to record a price structure open only to authorised officials, and imported products listed in it are to be substituted by domestic ones.[4] Those provisions connect the regulation with public finance in Indonesia.

The regulation also sets rules on price transparency and a ceiling formula for the retail price of medicines, forbids gratification in the circulation of health supplies, and provides administrative sanctions.[5][6][7] It revoked forty earlier Minister of Health regulations, dating from 1972 to 2023, four of them in part.[8]

Background and scope

The preamble states that the regulation implements Pasal 320 ayat (5), Pasal 324, Pasal 407 ayat (7), Pasal 410 ayat (2), Pasal 411 ayat (2), Pasal 412 ayat (5), Pasal 416 ayat (4), Pasal 417 ayat (4), Pasal 419 ayat (1), Pasal 425 ayat (1), Pasal 915, Pasal 921 ayat (4), Pasal 924 ayat (5), Pasal 928 ayat (4), Pasal 937 ayat (3) and Pasal 943 ayat (5) of PP 28/2024.[3:1] Pasal 1 defines health supplies (Perbekalan Kesehatan) as all materials and equipment needed to carry out health efforts, and defines the categories the regulation deals with: pharmaceutical preparations (Sediaan Farmasi, covering medicines, medicinal ingredients, natural medicines, cosmetics, health supplements and quasi drugs), medical devices (Alat Kesehatan), household health supplies (PKRT) and processed food for special medical purposes (PKMK).[9] Pasal 2 states two aims, the availability, equitable distribution and affordability of health supplies in normal times and in emergencies, and the protection of the public from supplies that fail standards of safety, efficacy and quality, and it divides the subject into planning, production, provision, circulation, control, and guidance and supervision.[10] The regulation has ten chapters and 126 articles.[1:1]

Planning and production

Central and regional governments and health facilities prepare five-year needs plans for health supplies, broken down into annual plans, which feed a national needs plan; producers and distributors prepare five-year production and import plans.[11] The selection of supplies follows formularies and lists of essential medical devices set by the minister, and in choosing types and quantities priority is given to domestically made supplies, meaning supplies produced in Indonesia by companies that invest and produce there, employing Indonesian workers and using domestic materials or components in whole or part.[11:1]

Production may be carried out only by licensed facilities, which are responsible for the safety, efficacy and quality of what they produce and must meet good manufacturing practice (Cara Pembuatan yang Baik), certified under the rules of the food and drug agency for pharmaceutical preparations.[12] Micro and small enterprises may produce certain low-risk medical devices and household health supplies.[13]

Provision and procurement

Provision must allow for a buffer stock of between 10 and 30 per cent of the needs plan (Pasal 40). Under Pasal 41, public bodies and health facilities must give priority to supplies with domestic raw materials or components, chosen by the highest domestic-content value or a domestic marketing authorisation number, and such supplies may cost more than imports.[14][4:1]

Pasal 42 requires central and regional government agencies, and public and private health facilities that run the national health insurance programme and other health programmes, to procure on the basis of the electronic catalogue, with the stated aims of transparency, effectiveness and efficiency; other methods may be used where catalogue procurement meets obstacles. Under Pasal 43 the catalogue records a price structure, accessible only to authorised officials, covering at least production cost (including research and development), profit and tax for domestic products, and import cost, profit and tax for imports. Pasal 44 provides for substituting imported products in the catalogue with domestic ones, taking account of domestic production capacity against service needs.[4:2] The central and regional governments may also hold strategic reserves, and in emergencies provision may be accelerated through measures that include assignment to state-owned enterprises, direct appointment, emergency use authorisation, and voluntary or compulsory licensing or government use of patents.[15]

Circulation

Health supplies may be circulated only with a marketing authorisation (izin edar), or in an emergency under an emergency use authorisation.[16] The chapter on circulation covers labelling, the classification of medicines, import and export through the Indonesia National Single Window, distribution, and dispensing, which may be done through vending machines; pharmacies may supply over-the-counter medicines to hypermarkets, supermarkets and minimarkets.[17] Distribution and dispensing through electronic systems are limited to licensed businesses and must be reported through the integrated health information system.[18]

Pasal 82 forbids pharmaceutical management facilities, producers, distributors and health facilities from engaging in gratification (gratifikasi) in the circulation of health supplies, leaving the sanction to other legislation.[5:1] Prescription medicines, specialised natural medicines and supplements, devices that require a health professional, and PKMK may be promoted only in scientific media for health professionals (Pasal 83), and promotion must be objective, complete and not misleading (Pasal 84).[19] Supplies that fail standards must be recalled, and non-compliant, unauthorised or expired supplies destroyed.[20]

Control, supervision and sanctions

To prevent shortages, marketing-authorisation holders must produce or import to meet availability and report a potential shortage to the minister at least six months before it occurs.[21] Under Pasal 106 to 110 the minister regulates prices through consolidated purchasing, price transparency, and a formula capping the selling price of medicines in health facilities at the acquisition price, including value-added tax, plus a pharmaceutical service fee. Price information must include discounts and other incentives given to medical and health workers, facilities, professional organisations and institutions, and producers of medicines must print the ceiling price on the label.[6:1]

Breaches of listed obligations, among them good manufacturing and distribution practice, labelling, recall, destruction, shortage reporting and price information, attract administrative sanctions: warning, suspension of business activity, administrative fines, daya paksa polisional (coercive administrative enforcement) and revocation of the business licence.[7:1] Complaints are received by the minister, governors, regents and mayors, who must keep the complainant's identity confidential and form an ad hoc panel to follow them up.[22]

Transition and revocation

Arrangements for health supplies must conform within one year of promulgation (Pasal 122), and the import-approval provisions for narcotics, psychotropics, pharmaceutical precursors and plasma apply ninety days after promulgation (Pasal 123).[23] Pasal 125 revokes forty regulations, among them the 2008 regulation on drug registration, the 2019 regulation on planning and procurement of medicines through the electronic catalogue, and the 2023 regulation on plasma fractionation; four are revoked except for specified articles and annexes.[8:1]

CRPG's regulatory tracker published an analysis of the regulation's procurement chapter on 22 July 2026.[24]

See also

Identifiers Know ID K91 · Work URI /akn/id/act/permenkes/2026/5 · RegVault PERMENKES_5_2026
What links here (8)

References


  1. [P] Permenkes 5/2026, Pasal 126 and closing formula (Ditetapkan di Jakarta pada tanggal 17 April 2026); the promulgation date and Berita Negara number are not legible in the held text. regulation_id PERMENKES_5_2026. ↩︎ ↩︎

  2. [P] Permenkes No. 5 Tahun 2026, JDIH BPK: enacted 17 April 2026, promulgated and in force 4 May 2026. https://peraturan.bpk.go.id/Details/350852/permenkes-no-5-tahun-2026 ↩︎

  3. [P] Permenkes 5/2026, preamble, Menimbang (the sixteen provisions of PP 28/2024) and Mengingat angka 3 and 4 (UU 17/2023, LN 2023 No. 105, TLN 6887; PP 28/2024, LN 2024 No. 135, TLN 6952). regulation_id PERMENKES_5_2026. ↩︎ ↩︎

  4. [P] Permenkes 5/2026, Pasal 41 ayat (1)–(3), Pasal 42 ayat (1)–(5), Pasal 43 ayat (1) and (2) and Pasal 44 ayat (1)–(3). regulation_id PERMENKES_5_2026. ↩︎ ↩︎ ↩︎

  5. [P] Permenkes 5/2026, Pasal 82 ayat (1) and (2). regulation_id PERMENKES_5_2026. ↩︎ ↩︎

  6. [P] Permenkes 5/2026, Pasal 106 ayat (3), Pasal 108 ayat (2) and (3), Pasal 109 ayat (1)–(3) and Pasal 110 ayat (2). regulation_id PERMENKES_5_2026. ↩︎ ↩︎

  7. [P] Permenkes 5/2026, Pasal 117 ayat (1) huruf a to n and ayat (2). regulation_id PERMENKES_5_2026. ↩︎ ↩︎

  8. [P] Permenkes 5/2026, Pasal 125 huruf a to nn; huruf v, ee, ii and kk revoke the regulations concerned except for specified articles and annexes. regulation_id PERMENKES_5_2026. ↩︎ ↩︎

  9. [P] Permenkes 5/2026, Pasal 1 angka 1 to 4 and 11. regulation_id PERMENKES_5_2026. ↩︎

  10. [P] Permenkes 5/2026, Pasal 2 ayat (1) and (2). regulation_id PERMENKES_5_2026. ↩︎

  11. [P] Permenkes 5/2026, Pasal 5 ayat (1), (6) and (9), Pasal 6 ayat (3), Pasal 7 ayat (2), Pasal 9 ayat (2) and Pasal 12 ayat (1) and (3). regulation_id PERMENKES_5_2026. ↩︎ ↩︎

  12. [P] Permenkes 5/2026, Pasal 13 ayat (1), Pasal 14 and Pasal 15 ayat (1)–(3). regulation_id PERMENKES_5_2026. ↩︎

  13. [P] Permenkes 5/2026, Pasal 21 ayat (1) and (2). regulation_id PERMENKES_5_2026. ↩︎

  14. [P] Permenkes 5/2026, Pasal 40 ayat (2). regulation_id PERMENKES_5_2026. ↩︎

  15. [P] Permenkes 5/2026, Pasal 45 ayat (1) and Pasal 47 ayat (1). regulation_id PERMENKES_5_2026. ↩︎

  16. [P] Permenkes 5/2026, Pasal 50 ayat (1) and (3). regulation_id PERMENKES_5_2026. ↩︎

  17. [P] Permenkes 5/2026, Chapter V, Parts Two to Six, including Pasal 58 ayat (1), Pasal 64 ayat (1), Pasal 74 ayat (2) and Pasal 76 ayat (1). regulation_id PERMENKES_5_2026. ↩︎

  18. [P] Permenkes 5/2026, Pasal 79, Pasal 80 ayat (1) and (2) and Pasal 81. regulation_id PERMENKES_5_2026. ↩︎

  19. [P] Permenkes 5/2026, Pasal 83 ayat (2) and Pasal 84 ayat (1). regulation_id PERMENKES_5_2026. ↩︎

  20. [P] Permenkes 5/2026, Pasal 85 ayat (1), Pasal 89 ayat (1) and Pasal 90 ayat (1). regulation_id PERMENKES_5_2026. ↩︎

  21. [P] Permenkes 5/2026, Pasal 96 ayat (1) huruf a and c. regulation_id PERMENKES_5_2026. ↩︎

  22. [P] Permenkes 5/2026, Pasal 119 ayat (1), Pasal 120 and Pasal 121 ayat (1). regulation_id PERMENKES_5_2026. ↩︎

  23. [P] Permenkes 5/2026, Pasal 122 and Pasal 123. regulation_id PERMENKES_5_2026. ↩︎

  24. [E] "Electronic Catalogue Procurement of Health Supplies: PERMENKES 5/2026", CRPG regulatory tracker, crpg.id, 22 July 2026. https://crpg.id/electronic-catalogue-procurement-of-health-supplies-permenkes-5-2026/ The post carries a notice that it is AI-generated; it is cited for the record of the development, not for its legal content. ↩︎