Abstract
The government issued Regulation of the Minister of Health Number 51 of 2018 which regulates the increase in inpatient classes which are difficult to understand. After the issuance of the Minister of Health's regulation regarding the imposition of fees and the difference in costs in the Health Insurance program, causing confusion in the community. This study aims to analyze the legal protection for independent national Health Insurance Participants after the issuance of the Minister of Health Regulation concerning imposition of cost and difference in the health insurance Program. In addition, to analyze the existence of a norm conflict between the Minister of Health Regulation about Imposition of cost and Difference in cost toward the laws and regulations above. This study uses a statutory, conceptual and comparative approach. The type of research used in this study is normative legal research. The results showed that the legal protection of JKN participants independently after the enactment of Permenkes Number 51 of 2018 regarding the Imposition of Costs and Difference in Costs in the Health Insurance Program was unclear and caused legal uncertainty. Besides that, it turns out there has been a norm conflict between the Minister of Health Imposition of Imposition of costs and costs difference in Health Insurance with the Perpres Health Insurance, the National Social Security Act, the Consumer Protection Law and Human Rights. Settlement that can be taken to harmonize the norm conflict is to revoke Article 10 paragraph (5) Permenkes Number 51 of 2018, set aside the Article and conduct a judicial review to the Supreme Court.
Highlights
The constitution mandates that everyone has the right to social security
There are some complaints from the public about the implementation of JKN, for example the service is complicated and tiered, JKN is not free even though it is a social security, rules of JKN are too complicated always changing, new regulations come out too fast, and BPJS Health is unable to pay bills from the hospital (Maulana, 2018)
This study aims to analyze the form of legal protection for JKN participants independently after the issuance of Permenkes concerning Imposition of Cost and Difference in cost in the Health Insurance Program and to analyze the existence of norm conflicts between the Permenkes concerning Imposition of costs and Difference in cost of the legislation above it
Summary
The constitution mandates that everyone has the right to social security. Every person has the right to meet the basic needs of a decent life and increase his dignity towards the creation of a just and prosperous society (Kaelan, 2017). The President with the approval of the House of Representatives issues Law Number 40 of 2004 concerning the National Social Security System (hereinafter referred to as the SJSN Law). For further elaboration on social security, health insurance, a Presidential Regulation of the Republic of Indonesia Number 82 of 2018 concerning Health Insurance (issued hereinafter referred to as Perpres Health Insurance). The existence of the National Health Insurance (JKN) with the Social Security Organizing Agency (BPJS) Health as an operator often obtains complaints from the public (Ardianti, 2015). There are some complaints from the public about the implementation of JKN, for example the service is complicated and tiered, JKN is not free even though it is a social security, rules of JKN are too complicated always changing, new regulations come out too fast, and BPJS Health is unable to pay bills from the hospital (Maulana, 2018)
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