Kelalaian Adminitrasi Negara Dalam Penjaminan Hak Atas Kesehatan: Studi Kasus Penonaktifan Bpjs Pbi Terhadap Pasien Cuci Darah (Kasus Ajat, Rangkasbitung 2026)
Aug 2026· Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882· Vol 4, pp. 337-347· 0 citations· 15 references
Abstract
The right to health is a constitutional right that must be guaranteed by the state through the provision of sustainable health services, including for participants of the Social Security Administering Body (BPJS) Recipient of Contribution Assistance (PBI). However, the deactivation of BPJS PBI membership due to the updating of the Integrated Social Welfare Data (DTKS) raises legal issues, such as the case of Ajat, a dialysis patient in Rangkasbitung in 2026. This study aims to analyze the legal regulations regarding the guarantee of the right to health for BPJS PBI participants and the state's responsibility for the disruption of health services that threaten patient safety. The study uses a normative legal method with a statutory, conceptual, and case approach. The results of the study indicate that legal regulations have guaranteed the right to health through the 1945 Constitution of the Republic of Indonesia, Law Number 17 of 2023, Law Number 40 of 2004, and Law Number 24 of 2011, but their implementation has not been optimal. The state is responsible for the disruption of health services due to the deactivation of membership that does not comply with the General Principles of Good Governance (AUPB), thus requiring strengthening of administrative legal protection and integration of data systems.
The government program in the form of Health Contribution Assistance Recipients (PBI) is a state instrument to guarantee access to health services for the poor and underprivileged, with contributions fully borne by the government as regulated in Law Number 40 of 2004 concerning the National Social Security System and L...
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