Electronic Catalogue Procurement of Health Supplies: PERMENKES 5/2026

Regulation of the Minister of Health 5 of 2026 (Peraturan Menteri Kesehatan Nomor 5 Tahun 2026 tentang Perbekalan Kesehatan, "Health Supplies") gathers into one instrument of 137 articles the rules on how health supplies are defined, procured, circulated, and promoted in Indonesia. Its procurement chapter makes the government electronic catalogue the default route for public health programmes, and it pairs that duty with a domestic-content preference and a confidential price structure.

Issue

The Indonesian term Perbekalan Kesehatan reaches further than medicines. Pasal 1 defines it as all materials and equipment needed to deliver health efforts, and the same article brings under that heading Sediaan Farmasi (pharmaceutical preparations, covering medicines, drug substances, natural medicines, cosmetics, health supplements, and quasi drugs), Alat Kesehatan (medical devices, including implants, reagents, calibrators, and software used on humans for medical purposes without acting through pharmacological, immunological, or metabolic routes), household health supplies, and processed food for special medical purposes. Placing these categories under one definition means a single set of procurement, circulation, and promotion rules reaches products that are otherwise governed by separate technical regimes.

Key Provisions

Pasal 42 paragraph (1) requires central and regional government agencies, and public as well as private health service facilities running health insurance programmes and other health programmes, to procure health supplies on the basis of the electronic catalogue in accordance with prevailing legislation. Paragraph (2) states the stated aims of catalogue-based procurement as transparency, effectiveness, and efficiency. Paragraph (3) permits other procurement methods where catalogue-based procurement runs into obstacles. Paragraph (4) requires the catalogue to give priority to health supplies using domestic raw materials or domestic production components, and paragraph (5) leaves the technical procurement guidance to be set by the Minister.

The regulation also requires the electronic catalogue to record a price structure open only to authorised officials. For domestically produced supplies that structure covers at least the cost of production including research and development costs, profit, and tax; for imported supplies it covers import cost, profit, and tax.

Pasal 44 converts the domestic-content preference into a substitution mechanism. Imported products listed in the electronic catalogue are to be substituted with domestic products, with the substitution taking account of production capacity and volume measured against the needs of health services. Technical guidance on substitution is again left to the Minister.

Pasal 82 turns to conduct in circulation. Pharmaceutical management facilities, producers of health supplies, distributors, and health service facilities are prohibited from engaging in gratifikasi, or gratification, when carrying out the circulation of health supplies, and a breach attracts sanctions under prevailing legislation. The article opens the part of the regulation that continues into the promotion and advertising of health supplies.

Implications

Facilities inside the national health insurance system now have a stated procurement default rather than a menu of equal options, with departure available under Pasal 42 paragraph (3) as an exception tied to implementation obstacles. Domestic manufacturers gain catalogue priority twice: once through the preference in Pasal 42 paragraph (4), and again through the substitution mechanism in Pasal 44, whose capacity test keeps substitution tied to whether domestic supply can meet demand. The confidential price structure gives the ministry cost visibility that individual procuring units do not hold, since access is restricted to authorised officials. The prohibition in Pasal 82 places an express ban on gratification inside a health-sector instrument while leaving the sanction itself to other legislation. Much of the operating detail, from catalogue procedure to substitution steps, depends on the ministerial technical guidance that Pasal 42 and Pasal 44 both anticipate.

Regulatory Context

Health supplies sit where several 2026 instruments meet. The processed-food category overlaps with nutrition information requirements on processed food labels, the promotion and advertising provisions run alongside electronic advertising duties in online trade, and the facilities bound by the procurement duty are the same units addressed by the health service unit organisation amendments. The regulation consolidates rules previously spread across product-specific instruments into a single ministerial text.

Read the full regulation in the CRPG Law Database.

Methodology: This memo summarises the official regulation text and is not legal advice; report corrections to contact@crpg.info.

Disclaimer

This article was AI-generated under an experimental legal-AI application. It may contain errors, inaccuracies, or hallucinations. The content is provided for informational purposes only and should not be relied upon as legal advice or authoritative interpretation of regulations.

We accept no liability whatsoever for any decisions made based on this article. Readers are strongly advised to:

• Consult the official regulation text from government sources
• Seek professional legal counsel for specific matters
• Verify all information independently

This experimental AI application is designed to improve access to regulatory information, but accuracy cannot be guaranteed.