Fadli Zon Says The Presidential Instruction That Regulates The Optimization Of BPJS Health Is Not Binding On The Public

Fahira Idris/Photo: Antara

JAKARTA - Presidential Instruction (Inpres) Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program has recently received a lot of attention from the public. This is because the Presidential Instruction, which was signed on January 6, makes BPJS Health membership a mandatory requirement in managing a number of public services, ranging from SIM, STNK, SKCK, business permits, buying and selling land, going on Hajj, Umrah, to immigration matters.

Member of the government coalition DPR from the Gerindra faction, Fadli Zon, made notes regarding this policy.

“First, health services and other public services, especially basic ones, are in principle the rights of the people, which should be protected by the state. Thus, the state cannot position these rights as if they were obligations. Moreover, people's rights in one area of life, in this case health, are then intended to be a barrier to rights in other areas of life. From the point of view of the public service philosophy, this is clearly wrong," said Fadli Zon in a press release received by Voi.id, Sunday, February 27.

Second, he continued, from the point of view of statutory regulations, the Inpres position cannot bind the general public (everyone, or everyone). According to him, the Inpres position is only binding on government officials under the President.

In addition, he continued, the Presidential Instruction should also not include regulatory content in it and as far as possible not have a regulatory effect on the community, because the President has been given other authority to stipulate regulations, namely in the form of a Presidential Regulation.

“Thus, the Presidential Instruction is not part of the legislation or policy regulations. So, if Presidential Instruction No. 1 of 2022 is then translated into new regulations related to BPJS, so it not only violates the principles of drafting laws and regulations, but can even overstep the authority of a law," he said.

Fadli explained that the administrative requirements for making a driving license, for example, have been regulated in Article 81 Paragraph (3) of Law no. 22 of 2009 concerning Road Traffic and Transportation. The only requirement is an ID card, filling out an application form, and a fingerprint formula. According to him, making BPJS a new condition, only with the Inpres provision, is not enough to have a basis.

“Thirdly, although Law no. 24 of 2011 concerning the Social Security Administering Body requires everyone to register for BPJS membership, the Government should investigate first why people do not register. The sociological and structural constraints must be understood and addressed first,” he added.

"Inpres No. 1 of 2022 should not be a means of coercing BPJS. The government's task is to find out or understand the obstacles faced by the community, why not register for BPJS. Don't let people become increasingly antipathetic to BPJS," he continued.

Fourth, Fadli continued, the Presidential Instruction is very unfair to the people. On the one hand, the community wants to be forced to become BPJS participants, but the system and benefits of BPJS services themselves are still constantly changing.