REKONSTRUKSI PROGRAM JAMINAN KESEHATAN NASIONAL MELALUI PERSPEKTIF KEADILAN DISTRIBUTIF HUKUM ISLAM

Aulia Rahman Pasaribu, NIM.: 17203010089 (2021) REKONSTRUKSI PROGRAM JAMINAN KESEHATAN NASIONAL MELALUI PERSPEKTIF KEADILAN DISTRIBUTIF HUKUM ISLAM. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

National Health Insurance is one of National Social Security System program organized by Social Security Health (BPJS for Health). This is in accordance with the mandate of the constitution which states that living healthy and obtaining health services is the right of every citizen that must be fulfilled by the state. However, every citizen must register and pay dues every month. For participants who do not or are late paying contributions, they will be disabled with the consequence of not being able to access health services. Based on this, the question arises whether this is a form of injustice (not giving citizens the right to a healthy life and the right to health services) or what is the practice of health insurance in accordance with the principles of justice? The type of research in this thesis is library research. The nature of research in this research is descriptive qualitative by using philosophical short approach. The National Social Security System Law (SJSN of Law) and the Social Security Administering Body Act and Presidential Regulation No. 82 of 2018 on Health Insurance are the primary legal materials in this thesis research. From the results of the study, it can be concluded that, the provision of deactivation of participants of the National Health Insurance program resulting in the inactivity of participants to access health services, is a form of injustice in social security practices. The deactivation provision also contradicts the philosophical values of the enactment of the National Health Insurance program, which is to protect all Indonesians. This is based on the principles of participation and principles of cooperation that have been established in the social security system. Therefore, all citizens must not be prevented by any factors from obtaining the right to a healthy life and the right to obtain health services, whether those with a weak economy or a strong economy. Provisions of dues based on a certain nominal must be changed or replaced. All participants should be charged dues based on a percentage of the real income they earn, and the delay in paying dues is not a barrier for participants to get health care, because the contribution paid is a form of help among fellow participants and not buying a health service package as is the case in commercial insurance.

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