National Health Insurance Participation Obligations in the Implementation of Land Sale and Purchase from a Human Rights Perspective

DOI

10.2991/978-2-38476-164-7_71How to use a DOI?

Keywords

State Policy; National Health Insurance; Land Sale and Purchase; Human Rights

Abstract

Presidential Instruction Number 1 Year 2022 on Optimizing the Implementation of the National Health Insurance Program in the Second Dictum Number 17 requires every applicant for registration of transfer of land rights due to sale and purchase to become an active participant in the National Health Insurance (JKN). This is complemented by the issuance of Circular Letter Number 5/SE-400.HK.02/II/2022 concerning Participation in the National Health Insurance (JKN) in the Application for Registration of Transfer of Land Rights or Unit of Ownership of Flat Units Due to Sale and Purchase. Based on BPJS Health data in 2022 there are around 14% of the total population of Indonesia who have not registered for JKN membership and are threatened with not being able to transfer land rights due to sale and purchase. This is the reason for conducting this research to find out the potential violations of the principles of human rights (HAM), especially regarding the right to discrimination and the right to personal freedom and to find out the obstacles that arise due to the implementation of the compulsory JKN membership policy in the implementation of land sale and purchase. The approach method used in this research is normative juridical research with a statutory approach. This study concludes that the obligation of JKN membership in the implementation of land sale and purchase violates the principle of non-discrimination and the right to personal freedom. The policy also causes several obstacles experienced by people who are not JKN participants, including resulting in a longer bureaucratic process in the practice of buying and selling land, limitations on access to BPJS Health membership registration and additional BPJS Health membership registration fees. This research hopes to contribute to policy recommendations that are more in line with human rights principles. These recommendations can contribute to regulatory changes that are more supportive of human rights.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Linn Sofarina Sandy
AU  - Riris Ardhanariswari
AU  - Manunggal Kusuma Wardaya
AU  - Tenang Haryanto
PY  - 2023
DA  - 2023/12/21
TI  - National Health Insurance Participation Obligations in the Implementation of Land Sale and Purchase from a Human Rights Perspective
BT  - Proceedings of the 3rd International Conference on Law, Governance, and Social Justice (ICoLGaS 2023)
PB  - Atlantis Press
SP  - 778
EP  - 787
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-164-7_71
DO  - 10.2991/978-2-38476-164-7_71
ID  - Sandy2023
ER  -