Model of National Health Insurance Arrangements Based on Justice and Social Welfare

Abstract

National Health Insurance is very interesting to study, because it relates to the right of the community to obtain social security as mandated by the 1945 Constitution of the Republic of Indonesia. Health is one of the human rights in addition to the right to obtain a livelihood such as clothing, food and adequate housing for humans. Health is a basic human right that everyone has the right to obtain, health is an element of welfare that must be realized according to the ideals of the Indonesian nation as referred to in Pancasila and the 1945 Constitution of the Republic of Indonesia. This research is a normative legal research with a statutory approach, a conceptual approach and a comparative approach. Legal materials: primary, secondary and tertiary legal materials. The method of collecting materials used a combined method of snowballing with a systematic method. All legal materials collected were analyzed through the steps of description, interpretation, systematic, argumentation and evaluation. The results of this study indicate that the philosophical basis underlying the provision of national health insurance is the state's obligation to provide social protection to the community as stated in the 1945 Constitution of the Republic of Indonesia and social protection guarantees, one of which is health protection. get protection, especially for neglected children and the poor. Regulation of the National Health Insurance in the perspective of the Ius Constitutum, where currently BPJS in the legal perspective is accepted or treated with legal construction as rechtspersoon / rechtssubject with the principle of communis oppo doctorum, which in the implementation of its functions is subject to legal principles. As a state agency, BPJS has an independent policy authority as long as it is used to the maximum extent for the benefit of the participants. Within the scope of State Administrative Law (HAN), BPJS is a very specific Public Legal Entity (BHP) because BPJS is the only BHP formed and (only) can be dissolved by law. In addition, BPJS directors are also directly responsible to the President. The model for setting up a National Health Insurance based on Justice and Social Welfare, it is hoped that the National Health Insurance Arrangement can provide justice and social welfare both to the community as recipients of health services, to hospitals as providers of health services, to health workers and to other stakeholders who involved in the provision of National Health Insurance. Keywords: National Health Insurance; Justice; Social Welfare; Regulatory Model