The Increase In BPJS Kesehatan Will Be Sued Again At The Supreme Court

BPJS Kesehatan (Photo: BPJS Kesehatan.go.id)

JAKARTA - President Joko Widodo (Jokowi) 's move to raise the BPJS Health premium after it was canceled by the Supreme Court (MA) will be challenged again. Because this step is considered inappropriate in the midst of the COVID-19 pandemic.

"The Indonesian Dialysis Patient Community will plan to propose a judicial review to the Supreme Court again on the Presidential Decree," said KPCDI Chairman Tony Samosir in an official statement, Jakarta, May 13.

However, he could not confirm when the lawsuit would be submitted to the Supreme Court. Because, currently his party is still discussing the steps to be taken.

"Currently, KPCDI is discussing with the Lawyers Team and preparing material for the lawsuit," he said.

The increase in BPJS Health outcomes is contained in Presidential Regulation (Perpres) number 64 of 2020 concerning the Second Amendment to Presidential Regulation Number 82 of 2018 concerning Health Insurance.

In this regulation, the government decides to increase the tuition for classes I and II, while class III tuition will increase in 2021. In Article 34 Paragraph 1 of the Presidential Decree states that in 2020, the premium for class III participants will increase to IDR 42 thousand. However, the government provides a subsidy of Rp. 16,500, so the community only needs Rp. 25,500.

Meanwhile in 2021, the fees paid by Class III participants will be IDR 35 thousand because the government reduces the subsidy by IDR 7 thousand.

"KPCDI stated that the government should not increase the dues in the class III segment, to reduce the economic burden of the community. Even though in fact the contribution for class III for this year is Rp 25,500 per person per month paid by participants who are not paid wages (PBPU) and BP participants, but for 2021 and the following year it will be Rp. 35,000, "he said.

Meanwhile, Article 34 Paragraph 2 states that the premium for Class II independent participants increases to IDR 100,000 from the current IDR 50,000. Then, Paragraph 3 regulates the premium for Class I independent participants to increase to IDR 150 thousand, from the current IDR 80 thousand. This stipulation comes into force on 1 July 2020.

"We regret the attitude of the government that has issued this regulation in the midst of the crisis situation of the corona virus outbreak in Indonesia," he said.

- https://voi.id/artikel/baca/5805/karut-marut-bpjs-keseh

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Previously, the government had arranged an increase in BPJS Health contributions. However, on April 1, it was lowered to the original rate again because it carried out the Supreme Court (MA) Decision Number 7 / P / HUM / 2020 which ordered the cancellation of the increase in health insurance contributions.

Responding to the increase, Supreme Court Spokesperson Andi Samsan Nganro was reluctant to comment on the increase in BPJS Health contributions, even though previously the Supreme Court canceled the increase. This, he said, was the full authority of the government.

"If it is true that the President has issued a new Perpres which raises (again) the BPJS dues, of course it will have been carefully considered," Andi told reporters.

However, if there are objections to the increase in contributions, his party will invite the public to become the applicant in a judicial review in accordance with existing regulations.

"The Supreme Court is only authorized to adjudicate cases of judicial review rights requests against regulations whose position is under the law. That is, if there are parties who object to acting as petitioners who submit to the Supreme Court," he said.