Perlindungan Hukum Pasien Peserta BPJS Kesehatan Dalam Perspektif Hak Asasi Manusia

Widjiastuti, Agustin (2020) Perlindungan Hukum Pasien Peserta BPJS Kesehatan Dalam Perspektif Hak Asasi Manusia. Doctoral thesis, Universitas 17Agustus 1945 Surabaya.

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Abstract

The dissertation on the Legal Protection of BPJS’ patients in the Human Rights Perspective is based on the background that the patients should earn their rights from hospital services, especially in providing emergency care facilities without a down payment. But in the case of Debora and Risky (as patients) showed the existence of discriminatory treatment and poor service from hospitals as providers of health services. This resulted in a juridical problem that is the legal absence related to legal protection for the patients and resulting in legal conflicts. The legal protection for BPJS’ patient requires legal protection that can provide maximum results through legal protection in the form of preventive, curative and rehabilitative services. This dissertation concerns two things, which are related to legal protection and legal steps that can be taken by the BPJS patients who suffer losses in the perspective of human rights. The research method uses a Statute Approach, a Conceptual Approach to understand the doctrine and views that develop in the science of law, Comparative Approach and Philosophical Approach. The results of the discussions that BPJS patients are The form of legal protection for the BPJS or Social Insurance Administration Organization patient, in the perspective of human rights isnot specifically regulated by the BPJS, it is only regulated in Presidential Regulation No. 82/2018 concerning health insurance and considered simple, inadequate, procedural administrative only and not substantive in nature, so it is not in accordance with the principles of human rights protection as mandated by the Indonesian Constitution and the Human Rights Law: the right to benefit from health care guarantees that are humane, fair, honest, and without discrimination; entitled to benefit from quality health service guarantees in accordance with professional standards and standard operating procedures, including vulnerable groups of people (elderly, children, the poor, pregnant women, people with disabilities) are entitled to special treatment and protection. The legal steps of the BPJS’s participants in a human rights perspective are preventive legal protection, repressive legal protection, and special legal measures (judicial review, citizen lawsuit and class action). Therefore the Government must revise law and apply the concept of health care and supervision to BPJS Partner Hospitals, so that there is no discrimination for the patients. Keywords: Legal Protection, Health Services, Discrimination.

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