Proceedings of the 2nd International Conference on Fundamental Rights, I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia

Research Article

National Health Insurance: Realizing A Better Public Service and Guaranteeing the Citizens' Constitutional Rights

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  • @INPROCEEDINGS{10.4108/eai.5-8-2019.2308552,
        author={Agus  Triono and Bayu  Sujadmiko},
        title={National Health Insurance: Realizing A Better Public Service and Guaranteeing the Citizens' Constitutional Rights},
        proceedings={Proceedings of the 2nd International Conference on Fundamental Rights,  I-COFFEES 2019, 5-6 August 2019, Bandar Lampung, Lampung, Indonesia},
        publisher={EAI},
        proceedings_a={I-COFFEES},
        year={2021},
        month={6},
        keywords={national health insurance; public service; citizens' constitutional rights},
        doi={10.4108/eai.5-8-2019.2308552}
    }
    
  • Agus Triono
    Bayu Sujadmiko
    Year: 2021
    National Health Insurance: Realizing A Better Public Service and Guaranteeing the Citizens' Constitutional Rights
    I-COFFEES
    EAI
    DOI: 10.4108/eai.5-8-2019.2308552
Agus Triono1,*, Bayu Sujadmiko1
  • 1: Faculty of Law, Lampung University, Indonesa
*Contact email: agus.triono@fh.unila.ac.id

Abstract

National health insurance based on Law No. 24 of 2011 implemented on January 1, 2014 is a manifestation of the state's responsibility to fulfill the health care rights for all citizens. Nevertheless, this national policy has not been well received by the community. Not only because it has just started so that the service provided is not optimal, but also it is stated to contain elements of usury, which is contrary to Islamic law followed by a majority of the population in Indonesia. This article will discuss whether national health insurance is an alternative towards better public services or interventions of religious freedom, and how to implement a national health insurance program that can be well accepted by the whole community. It happens because of limited funding from both government and local governments influencing the lack of accessibility of the poor in this program. In addition, this program also contains an element of uncertainty, an element of gambling, and usury, which is contrary to the teachings of Islam. Therefore, the government should implement this program by using the excellent service standard as a general principle of the new public services and doing synchronization with Islamic law as the religious norms that followed by the largest population in Indonesia. It is important to protect the right in implementing the teachings of religion as a constitutional right.