PERLINDUNGAN HUKUM BAGI PESERTA PENERIMA BANTUAN IURAN (PBI) BPJS KESEHATAN YANG DINONAKTIFKAN SECARA SEPIHAK

Abstract

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 Law Number 24 of 2011 concerning the Social Security Administering Body. The policy of updating social assistance recipient data from the Integrated Social Welfare Data (DTKS) to the National Social and Economic Single Data (DTSEN) precisely in early 2026 has implications for the deactivation of a large number of PBI participants, including some who are factually still entitled to be recipients of assistance, without prior individual notification or opportunity to file an objection. This study aims to analyze the legal regulations related to the deactivation of PBI status and assess how it is in accordance with the principles of legal certainty and the principles of legal protection. This study uses a normative juridical method with a statutory approach and a conceptual approach. The results of the study indicate that the mechanisms available in the Minister of Social Affairs Regulation Number 3 of 2026 are repressive, namely in the form of reactivation after deactivation occurs so that it does not guarantee preventive legal protection in the form of mandatory notification and the opportunity to file an objection before the participant's status is terminated. This study recommends strengthening regulations technically regarding the current notification mechanism and due diligence before deactivation is carried out, in order to prevent the interruption of access to health services for vulnerable groups.