Controversy on Legal Regulation and Public Interest in the National Health Insurance Program: Legal Assurance Perspective

Abstract

Public service is an obligation owned by the government and the public has the right to use all public services to support their lives. However, with the issuance of Presidential Instruction No. 1 of 2022 has brought difficulties to the public. This study examines the regulatory and public interest controversies related to the national health insurance program. This study is a statutory study. The results of the study indicate that the controversy over Presidential Instruction Number 1 of 2022 which contains rules or provisions that require every citizen to be a participant in the National Health Insurance (JKN) or BPJS Kesehatan can actively enjoy or obtain public services. In the context of this regulation, it provides limitations on people who are not actively participating in the National Health Insurance (JKN) or BPJS Health which leads to injustice and legal uncertainty that occurs. In addition, in accordance with the laws and regulations related to public services, it is stated that nothing should prevent citizens from enjoying or getting public services in accordance with those provided by the government.

Implementation of Electronic Medical Record System in Indonesia Viewed from the Perspective of Legal Certainty

“…However, incomplete preparation is an obstacle to this success. The obstacles to the RME system include the electronic system used and the readiness of human resources and infrastructure (Bakhtiar & Syaid, 2022). The important role of medical records is not only for patients as owners of medical record content but also for organisers, namely health service facilities that carry out the work.…”

Protection and Legal Liability of Electronic Medical Records in Primary Clinics from the Perspective of Legal Certainty

“…As a nation that recognizes itself as a welfare state, Indonesia acknowledges the need for healthcare services for its citizens, based on Article 28H of the 1945 Constitution as the foundation of the Republic of Indonesia's Constitution (Kolib, 2021). The right to receive healthcare services is granted from the moment a person is in the womb (Bakhtiar & Syaid, 2022) This right is part of human basic rights, also known as human rights. Although this basic right has been recognized by various religions and has followed global developments, John Locke's name ( 1690) is noted in literature as the initiator of the fourth paragraph of the Preamble of the 1945 Constitution, which clearly states: "The State protects all Indonesian citizens and the entire Indonesian bloodline," including the protection of rights in this sector.…”