Analisis Pasal 28 H UUD 1945 (Pelayanan Kesehatan) Melalui BPJS

Abstract

There were various cases such as the case of Pak Ogah and Amiludin who did not get the fulfillment of Article 28 H of the 1945 Constitution. Pak Ogah cannot get full health services because he does not have the cost to pay BPJS contributions. Mr. Amiludin did not get surgical health services because he had no cost and BPJS, so he had to breathe his last breath when making an ID card to become a BPJS participant. This study aims to determine the role of BPJS in fulfilling the community's hak in Article 28 H of the 1945 Constitution. Research methods used normative research. The fulfillment of the 1945 Constitution Article 28 H through BPJS has not been fully implemented, because not all people in Indonesia are bpjs participants. BPJS was present because of Article 28 H of the 1945 Constitution, but the fulfillment of this Article has not been fully obtained by the Indonesian people. Article 28 H of the 1945 Constitution can only be accessed by parties who are BPJS participants, even to fulfill Article 28 H of the 1945 Constitution through BPJS, the community must pay contributions that indirectly the government's obligation to fulfill Article 28 H of the 1945 Constitution is delegated to the community to participate in fulfilling state obligations. Fulfillment of Article 28 H of the 1945 Constitution which should require the hospital to provide health services without discriminating in accordance with Article 28 H of the 1945 Constitution.