Legal Protection for unregistered citizen at Healthcare and Social Security Agency (BPJS)

Abstract

Despite the reality that the JKN program is necessary for all Indonesian residents, there are still individuals who have not enrolled as JKN members. The purpose of this research is to evaluate and explain the application of individual health services and the government's impediments to citizens receiving legal protection under the BPJS health health social security system. The research approach adopted is one of normative legal research. A descriptive legal approach was adopted in the assessment process. According to the findings of this study, the application of individual health services in the framework of legal protection for people who are not enrolled in the BPJS Health social security system is restricted to the supply of health facilities. The state does not offer legal protection in the form of duty for delivering health care, because individuals who are not enrolled as BPJS Health participants will be registered as general patients, requiring them to pay for treatments individually or through private insurance. While the idea of BPJS Health as given in the BPJS Law requires everyone to register for BPJS Health, BPJS Health still has several inadequacies, which causes some individuals to be hesitant and unwilling to register as BPJS Health participants. The government cannot claim that the lack of legal protection in health services is the responsibility of those who do not register as BPJS Health participants, because this is a result or implication of the numerous deficiencies in health services that continue to employ BPJS Health.

Implementation of Patient Legal Protection in Internal Policy Implementing BPJS Health in Wangaya Hospital, Denpasar City

“…Research about patient legal protection in implementing Health Care Social Agency have been conducted previously by Ardiansah (2020) and Ramadhani et al (2021). Ardiansah (2020) in his study revealed that Health services for the people of Indonesia has been mandated by The Indonesian Constitution.…”

“…The people have the right to get health services, whereas the state is responsible for providing health services. In addition, Ramadhani et al (2021) found that the application of individual health services in the framework of legal protection for people who are not enrolled in the BPJS Health social security system is restricted to the supply of health facilities. The state does not offer legal protection in the form of duty for delivering health care, because individuals who are not enrolled as BPJS Health participants will be registered as general patients, requiring them to pay for treatments individually or through private insurance.…”

BPJS Kesehatan’s Interpersonal Communication Goals in Handling Participant Complaints

“…Because health is a primary need, every citizen must have welfare in the health sector. For this reason, the government formed the JKN-KIS program organized by BPJS Kesehatan (Ramadhani et al, 2021). BPJS Kesehatan is one of the government institutions in public services that provides services with direct interaction with participants or the community.…”

“…The large number of people infected with the virus requires the role of BPJS Kesehatan as the organizing body to provide services due to different situations caused by Covid-19. (Ramadhani et al, 2021). The increase in the number of participants in the health insurance program was also accompanied by the Covid-19 pandemic that hit various countries worldwide.…”