RATIO LEGIS OF NORMS ON THE REGULATION OF NATIONAL HEALTH INSURANCE IN THE LAW OF REPUBLIC OF INDONESIA NUMBER 40/2004 CONCERNING NATIONAL SOCIAL SECURITY

Bram B. Baan (), Suhariningsih (), Abdul Madjid () and Yuliati ()
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Bram B. Baan: Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Suhariningsih: Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Abdul Madjid: Faculty of Law, Brawijaya University, Malang, East Java, Indonesia
Yuliati: Faculty of Law, Brawijaya University, Malang, East Java, Indonesia

Perspectives of Law and Public Administration, 2020, vol. 9, issue Special Issue, 95-102

Abstract: The objective in the enaction of the Law of the Republic of Indonesia Number 40 of 2004 concerning National Social Security System is that everyone has the rights to get social security in order to be able to fulfill proper basic needs for their life and increase their dignity towards the realization of a prosperous, fair and wealthy Indonesian society that appropriate and fulfills the sense of justice in accordance with the mandate of the Constitution of the Republic of Indonesia. This paper analyzes the objectives in the enaction of the Law on National Social Security System of the Republic of Indonesia. The argument in this paper explains that the purpose in the implementation of Health Insurance, which is part of social security, is to achieve Universal Health Coverage for all Indonesian citizens so that all citizens can easily access health services. However, until now this has not been achieved, and some articles in the Law of the Republic of Indonesia Number 40 of 2004 concerning National Social Security System are contradicting to Article 28 H Paragraph (2) and Article 34 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia.

Keywords: Social Security; Health insurance; Universal Health Coverage. (search for similar items in EconPapers)
JEL-codes: K32 (search for similar items in EconPapers)
Date: 2020
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