Analysing the entitlement of Indonesian Health Security Body (BPJS Kesehatan) to issue regulations

Abstract

Recently Indonesian Health Security Body (BPJS Kesehatan) through Director of Healthcare Security had issued three regulations that become controversies. The Minister of Health of the Republic of Indonesia and many healthcare organizations have requested BPJS Kesehatan to withhold the implementation of or to withdraw those regulations. The aim of this research was to find out the right of BPJS Kesehatan in issuing regulations that will effect the rights of the participants of National Social Security System (SJSN). This research was a normative legal research. It conducted literature review to obtain the required data. Data obtained and used in this research were secondary data, which consisted of primary, secondary and tertiary legal documents. Data obtained from literature review were analysed using qualitative approach. As an explanatory analytical research, the research analysed, discussed and further provided a comprehensive explanation on the role and rights of BPJS Kesehatan to make regulation for the implementation of SJSN. The conclusion of the research proved that BPJS Kesehatan in some occasions has issued regulations beyond its authorities.