Abstract
The existing of the Social Security Administration is one manifestation of the nation's goals that is called in Indonesian Constitution, which is to promote the general welfare through health security. But the Social Security Administration in Indonesia, which is called BPJS institutionally still has some weakness. BPJS institutionally still formality actions and has not touched the substantive justice to promote health security. This research applies empirical model with legal approach, because of the problems studied include aspects of the human mind and regulations. The collected data are arranged inductively by identifying, according to classified the issues and research purposes, then the conclusion that it becomes an ideal model BPJS institutions in order to reach the health security based on substance justice in Indonesia.
Highlights
Based on the provisions of Article 1 point (6) in conjunction with Article 5, verse (1) of the Law of Indonesia Number 40 of 2004 on National Social Security System (Social Security Law) that says that Social Security should be a separate legal entity and its formation should be through legislation
The legal consequences of that Decision gives a legal obligation to governments, namely (1) mandates the establishment of Social Security Organizing Body, and (2) Implement the institutional transformation of PT Askes (Persero), PT Jamsostek (Persero), TASPEN PT (Persero) and PT Asabri (Persero) into the Social Security Institution
The Parliament and the government approved the bill of Social Security Administration (SSA) into Law Number 24 of 2011 on the Social Security Administration (Law of SSA) on 28 October 2011
Summary
Based on the provisions of Article 1 point (6) in conjunction with Article 5, verse (1) of the Law of Indonesia Number 40 of 2004 on National Social Security System (Social Security Law) that says that Social Security should be a separate legal entity and its formation should be through legislation. While the two SOEs Limited, namely PT Asabri (Persero) and PT TASPEN (Persero) remains as a body of private pro-profit and subject to the provisions of the Law Number 19 of 2003 on State-Owned Enterprises (Law of SOEs) and Law Number 40 of 2007 regarding Limited Liability Company (Law of Limited Liability Company). This dualism will continue until the transfer of programs and program Asabri TASPEN to BPJS Employment is completed and the total Indonesian population is ruled by the provisions of the Social Security Act at the latest in 2029.[ii]
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