Abstract
The Social Security Administrator (BPJS) as an independent public legal entity has its legal position and authority. Because of the regulation issued by the Ministry of Health, the independence of BPJS is interfered with. The relationship that has not been well organized and elegant between BPJS and the Ministry of Health has caused many program problems in the field. Therefore, we need to figure out where the position of BPJS is as a state institution with a public legal entity. The BPJS forms the basis of the Welfare State, through which the government carries out its role of providing basic citizens’ rights to life. Based on Article 28 H and 34 of the 1945 Constitution, the National Social Security System (SJSN) law was established. The Social Security Administrator for Health (BPJS Kesehatan), a legal entity established by the law to administer social security programs, was then formed. Based on those bases, the relationship between BPJS of Health and the Ministry of Health is functional so that the BPJS as a state institution responsible to the President has complete independence. Keywords: Social Security Administrator for Health; Public Legal Entity; Legal Position.
Highlights
Indonesia adheres to the dynamic side of the rule of law or the welfare state
The Indonesian country is a Welfare State or a modern state characterized by providing welfare to its people
Social security is organized based on the order of the 1945 Constitution of the NRI article 28H and Article 34 paragraph (1) and (2)
Summary
Indonesia adheres to the dynamic side of the rule of law or the welfare state. To achieve a goal as a rule of law, it demands consequences for the role of the state (Mahfud MD, 2013). The active role of the state in carrying out public welfare, among others, by providing public services, runs the country’s goal namely the prosperity and welfare of the citizens (Fuady, 2009). The concept of welfare is closely related to the socio-economic policy that is used for the prosperity of the citizens.
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