Analysing the entitlement of Indonesian Health Security Body (BPJS Kesehatan) to issue regulations.pdf (original) (raw)

National Health Security Policy in Indonesia: A Narrative Review from Law Perspective

Open Access Macedonian Journal of Medical Sciences, 2022

BACKGROUND: The Republic of Indonesia’s 1945 Constitution Article 28H clause (3) on the Rights to Social Security, Law No. 40 of 2004 on the National Social Security System, and Law No. 24 of 2011 on the Healthcare and Social Security Agency stipulate that everyone has the right for social security to achieve an adequate standard of living and to increase their dignity. This is to create a prosperous and just society. AIM: This research aims to describe the current National Health Security (NHS) policy as well as the good governance-based NHS policy. METHODS: This is normative legal research by doing literature analysis and/or secondary data. This descriptive research uses the statute and conceptual approaches. RESULTS: Results show that the Indonesian NHS is based on Law No. 24 of 2011 on the Social Security Agency (Badan Penyelenggara Jaminan Sosial). It has not been implemented optimally due to lack of accommodation of the good governance principles, including legal certainty, be...

Ratio Legis of Norms on the Regulation of National Health Insurance in the Law of Republic of Indonesia Number 40/2004 Concerning National Social Security

Perspectives of Law and Public Administration, 2020

The objective in the enaction of the Law of the Republic of Indonesia Number 40 of 2004 concerning National Social Security System is that everyone has the rights to get social security in order to be able to fulfill proper basic needs for their life and increase their dignity towards the realization of a prosperous, fair and wealthy Indonesian society that appropriate and fulfills the sense of justice in accordance with the mandate of the Constitution of the Republic of Indonesia. This paper analyzes the objectives in the enaction of the Law on National Social Security System of the Republic of Indonesia. The argument in this paper explains that the purpose in the implementation of Health Insurance, which is part of social security, is to achieve Universal Health Coverage for all Indonesian citizens so that all citizens can easily access health services. However, until now this has not been achieved, and some articles in the Law of the Republic of Indonesia Number 40 of 2004 concer...

Legal Issues in The Implementation of National Social Security System on Labour in Indonesia

SHS Web of Conferences

The Social Security System in Indonesia has been regulated by the government, and the program is managed by an agency called Social Insurance Administration Organization (BPJS). Associated with the existence of social security functions for workers, its practice presents a gap between what is expected and what is regulated. For this reason, it is therefore necessary to examine, firstly, what kind of legal protection of workers is covered by this national social security system managed in BPJS program and, secondly, what constraints are encountered in its implementation. This research is Juridical Normative one, with normative qualitative data analysis. The research finds that the social security is correlated not only with the welfare of employees who are assessed by the level of wages provided by the organization, rather it is also correlated with other factors in the form of health and safety assurance. In the broader context, social welfare is measured not only when the person is...

Understanding of the health insurance program in the perspective of human rights in Indonesia

International journal of health sciences, 2022

This paper discusses the public's understanding of the health insurance program from the perspective of human rights in Indonesia. The author believes that the public needs to understand the health insurance program from the point of view of law and human rights as citizens living in Indonesia and democracy. A series of data searches on some insurance and health literature databases were reviewed from a legal perspective. The data that has been collected is then analyzed under a phenomenological approach, a study model that seeks to understand a phenomenon that exists in a context to be described and studied for re-understanding. The data search was carried out by keyword on the Google Scholar search engine in many publications published from 2010 to 2022. Based on the data and research results, we believe that all of these have met the requirements for validity and accuracy of the data to answer the problem. The results, among others, are that based on regulatory law number 24 ...

THE VIOLATION ON THE RIGHT OF SOCIAL HEALTH INSURANCE PARTICIPANTS IN SERVICES OF HOSPITALS.

Based on Law Number 24 Year 2011 on the Social Security Administering Body. In Article 2 of the Act of the Social Security Administering Body, it is mentioned that the Social Security Administering Body organizes a national social security system based on the principles of humanity, benefit and social justice for all Indonesians. In the provision of health facilities for the community, the Social Health Insurance Administering Body shall make the rules of the introduction of health service providers namely the provision of inpatient and the provision of medicine as regulated in the Minister of Health Regulation Number 28 of 2014 on Guidelines for Implementation of the National Health Insurance Program and the Decree of the Minister of Health of the Republic of Indonesia Number hk.01.07/menkes/659/2017 About the National Formulary as a form of medicinal needs for patients in the Hospital. From both aspects, a form of rights violation is committed by the hospital, indicating that the patient has not fully obtained the right. The right to health can also be found in national instruments in article 28H paragraph (1) and article 34 paragraph (3) Constitution of the Republic of Indonesia, article 9 of Law Number 39 of 1999 on Human Rights and Article 12 Law Number 11 Year 2005 on Ratification of the Covenant on Economic, Social and Cultural Rights. The provisions of the Constitution shall be further regulated in Law Number 36 Year 2009 on Health.

THE IMPLEMENTATION OF HEALTH INSURANCE BY SOCIAL SECURITY AGENCY (BPJS

The establishment of Social Security Agency (BPJS), that includes Healthcare BPJS and Workers BPJS, is aimed to provide insurance for the fulfillment of each person?s essential need to live a decent life, and for the provision of social welfare for Indonesian people.The provision of health insurance through Healthcare BPJS basically has not been optimal; the policy has not improved people?s health. This study focuses on the problems of implementation of Law No. 24 of 2011 on the Social Security Agency and Law No. 36 of 2009 on Health in the administration of health insurance at the District General Hospital of East Jakarta, BudhiAsih. This study uses descriptive qualitative approach, with the design of rapid assessment procedure, which is a way to improve and understand the problems encountered in implementing health programs by using a qualitative approach. The study concludes that the Laws on BPJS and Health are implemented by providing counseling and empowerment, through health education to the community with the aim of raising public awareness to be more concerned about health. Protection is implemented through activities of prevention against possible diseases that can cause health problems. Services are provided through the provision of health care facilities for the needing people, both members and non-members of Healthcare BPJS. Overall the services for members of BPJS have been enjoyed by the public at large, because BudhiAsih Hospital in East Jakarta has been earnest in providing social security for all people because it is mandated by the 1945 Constitution.

Black swan theory: legal policy of the Indonesian national healthcare

Legality : Jurnal Ilmiah Hukum

The Indonesian National Health Service (NHS) is part of Indonesia’s national social security system. Its implementation is full of problems, such as the rejection of patients, the NHS payment which is lower than the real health cost, sanctions, fines, etc. The Indonesian National Social Security System, especially the NHS services, was established by the state to give social protection to its citizens. The Black Swan Theory is based on the presumption that all swans are white, thus in this case, the Indonesian NHS is truly a program aimed to give social security in the health sector, just as the general conditions of social securities applied in other countries. This research studies this theory to explore the paradoxes which happen in the Indonesian NHS to find the black swan. In this case, the black swan is a paradoxical symbol regarding the regulations and the problems of the Indonesian NHS. This research uses the juridical-doctrinal or the normative method and is descriptive res...

Human Rights Constitution on Health Protection of Indonesian Citizens

Russian Law Journal

This study examines the protection of health rights in Indonesia from the perspective of human rights and the Indonesian constitution. The study aims to analyze relevant regulations and articles on health rights protection and propose an ideal pattern in health protection for citizens within the framework of human rights and the Indonesian constitution. The methodology used in this study is a descriptive-analytic approach with a focus on normative legal research. The results show that the right to health is a fundamental human right and must be guaranteed by the state following the constitution and human rights law. The study also identifies various aspects of health rights protection, including the right to quality and affordable health services, health insurance, and eliminating discrimination in health services. Moreover, the study proposes an ideal pattern for health protection for different vulnerable groups, including women, children, people with disabilities, elderly people, ...

The Urgency of Optimization of Financial Services Authority Supervision against Social Security Governing Body of Health

https://www.ijrrjournal.com/IJRR\_Vol.5\_Issue.4\_April2018/Abstract\_IJRR008.html, 2018

Social Security Governing Body of Healthor BPJS is one of the agencies established by the government to provide health insurance to every Indonesian citizen. In implementation BPJS there are many problems such as patients BPJS get discrimination, there are some cases of rejection by some hospitals that harming the patients of BPJS. Financial Services Authority which is the body authorized to conduct supervision of BPJS needs to perform optimization of supervision. Based on this matter in this study discussed: How the authority of the Financial Services Authority in conducting supervision of the BPJS regarding juridical? What is the urgency of optimization the supervision of Financial Services Authority over BPJS? This research is normative juridical research by analyzing the sources of law, books, thesis and other sources related to this research. The results of this study are Financial Services Authority has the authority to exercise control over BPJS. This is by the substance contained in the OJK Regulation Number 5/POJK.05/2013. In this case, the OJK has a role to monitor either directly or indirectly. Also, OJK is also authorized to conduct a review of the protection of BPJS recipients to access health facilities. The second, urgency of optimization of Financial Services Authority supervision against BPJS is because there have been various cases of discrimination against the BPJS patients. This raises discontent and difficulty for the community to access health facilities. It is contrary to national and international law.

Transformation of Social Security Administrative Body (BPJS) within Social Security Reform in Indonesia

SHS Web of Conferences

Within the framework of sovereign country under the Constitution of 1945, the regulation concerning social security stated in Article 28H paragraph (3) and article 34 paragraph (2). Social security is also guaranteed under the Declaration of Human Rights Year1948 and confirmed in ILO Convention number 102 in 1952 that urge all countries to give maximum protection to labors. As continuation of those regulations, a national system of social security has been formed to result integrated and vast social protection. Transformation of labor security from JAMSOSTEK (Social Protection for Labors), ASKES (Health Insurance) to a mergence called BPJS (Social Security Administrative Body) has been a reforming step that gives legal implication to the rights and responsibility of its stakeholders. The policy of social security system, then demanded that the body is divided into two main different tasks: Health Security Administrative Body (BPJS Kesehatan), Labor Security Administrative Body (BPJS...