BPJS Kesehatan Is Ready To Live The Supreme Court Decision, Return It To The Original Rate

BPJS Health Office. (Photo by: Setkab)

JAKARTA - The decision of the Supreme Court (MA) regarding the cancellation of contributions from the National Health Insurance Program-Healthy Indonesia Card (JKN-KIS) for the PBPU segment has been broadcast on the official website of the Supreme Court on March 31, 2020.

"BPJS Kesehatan has studied and is ready to carry out the Supreme Court Decision. Currently the Government and related Ministries are in the process of following up on the Supreme Court Decision and a replacement Presidential Regulation is being drafted," said Head of Public Relations of BPJS Kesehatan, M. Iqbal Anas Ma'ruf, in a statement received by VOI. , Thursday April 2.

Iqbal added that this was done considering that in accordance with the Supreme Court Regulation Number 1 of 2011 Article 8 paragraph (1); The clerk of the Supreme Court shall include an excerpt of the decision in the State Gazette and published at the State's expense, and paragraph (2); In the event that 90 (ninety) days after the Supreme Court decision is sent to the State Administrative Agency or Official that issues the Laws and Regulations, it turns out that the relevant official does not carry out his obligations, by law the relevant statutory regulations do not have legal force.

"Looking at the rules above, the follow-up to the Supreme Court Decision can be executed by the defendant within 90 days through a new regulation, or if there are no new rules within that period, then Pepres 75/2019 article 34 is deemed to have no legal force or be canceled. In essence, within the next 90 days after the copy of the decision is officially announced, BPJS Kesehatan is waiting for the issuance of a replacement Presidential Regulation. It is currently in process, "said Iqbal.

BPJS Kesehatan has also written to the Government, in this case the Secretary of State, to determine steps that can be taken by BPJS Kesehatan in executing this decision.

"The public is also expected not to worry, BPJS Kesehatan has calculated the difference between the excess payment of the PBPU or independent dues and it will be returned as soon as the new regulation is issued or adjusted to the direction of the government. The technical return will be further regulated, among others, the excess contribution will be be the contribution in the following month for the participants, "explained Iqbal.

Previously, the Supreme Court granted a judicial review of Presidential Regulation Number 75 of 2019 concerning Health Insurance which was signed by President Joko Widodo on October 24, 2019. The Dialysis Patient Community submitted a judicial review to the Supreme Court due to objections to the increase in BPJS Health contributions.

In its decision, the Supreme Court canceled the increase in BPJS Health contributions, which has been in effect since January 1, 2020. Presidential Decree 75 of 2019 which increases the participant's contribution for classes I, II, III, and participants who receive contribution assistance (PBI) has been implemented since 2019 for some groups of participants. .

Namely the increase in fees for PBI participants whose fees have been paid by the government since August 2019, and for ASN and TNI-Polri which have been in effect since November 2019.

The government, through the Ministry of Finance, has disbursed around Rp. 13.5 trillion from the APBN for the implications of the policy on the increase in fees.