JAKARTA - The Class III BPJS Health Fee has the opportunity to return to the previous amount of IDR 25,500. At the Focus Group Discussion (FGD) meeting between Commission IX and BPJS Health, the Attorney General's Office, the National Police and the BPK, all parties agreed that there would be no increase in this fee.
Deputy Chairman of the DPR, Sufmi Dasco Ahmad, as chairman of the meeting, said that the results of the FGD decided that the Police, BPK and the AGO would provide written opinions to Commission IX and the Board of Directors of BPJS Kesehatan. So that the board of directors can decide what steps to take next.
"So we give two days, for all to give written opinions. We also instruct after receiving this opinion, BPJS can take a stand," said Dasco in an FGD held by Commission IX at the DPR Building, Parliament Complex, Senayan, Jakarta, Tuesday, January 28. .
Furthermore, BPJS will report the results of this FGD to President Joko Widodo. After that, the directors will take the next steps.
"For two days we are waiting for the written opinion of the three institutions (Attorney General's Office, Police and the Supreme Audit Agency), and after that we will report to our direct superior, the president," said BPJS Kesehatan Director Fachmi Idris.
During the FGD meeting, Fahmi expressed the concerns of the board of directors, the BPJS supervisory board, and the National Social Security Council (DJSN) regarding the legal risks of undergoing a meeting decision between Commission IX, Menkes and BPJS in December 2019.
The BPJS concern departs from the applicable regulations. In PP 87 number 2013 article 21, it is explained that BPJS can only channel funds for three things, payment of benefits or financing of health insurance services, operational funds for administering health insurance programs, and investing in investment instruments in accordance with statutory regulations.
"On December 23, the Supervisory Board wrote to us, the board of directors, that there is a potential legal risk if it is carried out not in accordance with the laws and regulations. So nothing in the law states that the use of subsidies for other participants is like that," he said.
The BPJS 'concern was responded to by the Deputy Attorney General for Special Crimes at the Attorney General's Office, Ali Mukartono. According to him, in relation to this matter, BPJS Kesehatan may not violate the law.
Ali explained, there is MA jurisprudence which is said even though it fulfills the elements of corruption and is regulated in article 2 paragraph 1 or article 3 of Law number 31 of 1999, provided that what BPJS is doing is used for the public interest and does not benefit one party. Then the lawless nature of the act is lost or does not exist.
"To measure this problem, although violations can be suspected, as long as he does not benefit and for the public interest it does not violate the law. Do not be afraid if it is for the public interest," said Ali.
Ali explained that this could be done as a legal discretion to overcome a deadlocked government decision. As stated in Law 30 of 2014.
"The discretion, the condition, was conveyed in Law 30/2014 to overcome government stagnation. Law 30/2014 on government administration," he said.
According to Ali, this kind of discretion is often done on a small scale by the police. For example in regulating traffic, there is a deadlock but breaking the rules could be broken.
"Just a little discretion, often at the police, you know. Traffic jams here, for example, here are prohibitions due to red lights. Dead-end, now it is his discretion to let him pass," he said.
Previously, at the Commission IX meeting on December 12, 2019, it was agreed to provide government subsidies for the difference in the increase in contributions to class III independent participants. So that the fees did not increase. Minister of Health Terawan's proposal received approval from members of Commission IX.
However, the government did not follow up on the proposal. BPJS Kesehatan contributions continue to double for all classes at the beginning of January 2020.
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