Idhamsyah, M. (2025) Politik Hukum Pemberlakuan BPJS Sebagai Syarat Pelayanan Publik Di Indonesia Dikaitkan Dengan Hak Asasi Manusia. Masters thesis, Universitas Islam Riau.

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Abstract

This research is motivated by government policies through Presidential Instruction Number 1 of 2022 which makes active participation in BPJS Kesehatan a mandatory requirement to access various public services, such as the management of land buying and selling, driver's licenses, and others. This policy that aims to accelerate universal health coverage (UHC) poses a crucial problem, because it turns the right to social security into an obligation that has the potential to hinder citizens' access to other public service rights, thus causing a clash with human rights principles. Based on this background, this study aims to analyze the existence and role of BPJS in the fulfillment of health rights and examine the legal politics behind the determination of BPJS membership as a condition for public services and its relationship with human rights. This study uses a normative legal research method with a legislative and conceptual approach, which analyzes secondary data in the form of primary and secondary legal materials qualitatively. The results of the study show that philosophically, the existence of BPJS is a form of fulfilling citizens' constitutional rights to health and social security guaranteed by the state. However, the legal politics that make it a mandatory requirement for other public services are considered contradictory to human rights. The policy is coercive, has the potential to discriminate against vulnerable groups, and violates the principles of universality and indivisibility of rights, where the fulfillment of one right (social security) should not compromise or impede access to other fundamental rights.

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