The Right to Self-Determination in Health Services and the Mandated Health Insurance Program for Universal Health Coverage

YUSTINA, ENDANG WAHYATI (2019) The Right to Self-Determination in Health Services and the Mandated Health Insurance Program for Universal Health Coverage. International Journal of Innovation, Creativity and Change, 8 (5). pp. 325-337. ISSN 2201-1323

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Abstract

The universal human right of healthy living was specifically included in the Universal Declaration of Human Rights. Various laws and regulations in Indonesia therefore guarantee of the right to health, including stipulations defined in Article 28 H paragraph (1) of the Constitution. This provision provided the basis for the regulation of the right to health as shown by Act No. 9 of 1999 on Human Rights and Act No. 36 of 2009 on Health. The right to self-determination was also listed as a basic human right that should be guaranteed in the implementation of these laws. The provision of health services as a basic social right was also established by the government through the National Health Insurance (JKN) program and the Health Insurance Organising Board (BPJS Kesehatan). The JKN program was targeted to cover all Indonesians in January 2019 by the Universal Health Coverage (UHC) program. All Indonesians, without exception, were required to be participants of the JKN program. Any individuals who refused to participate were to be administratively punished based on article 17 of the BPJS law, which stipulates that a non-participatory individual will be denied public service in the future. Currently, the JKN program has not been fully accepted by all communities or employers. The communities’ rights to determine their own health service choices caused friction with their obligation to participate in the JKN program. Both were derived from human right matters in that all individuals were entitled to a healthy life, but at the same time were obliged to participate in the mandated JKN healthy living program. Keywords: The right to self-determination, the right to health care, health insurance obligations, human rights

Item Type:	Article
Subjects:	300 Social Sciences > 340 Law > 349 Law of specific jurisdictions & areas
Divisions:	Journal Publication
Depositing User:	ms Endang Wahyati
Date Deposited:	10 Sep 2020 07:49
Last Modified:	10 Nov 2020 04:06
URI:	http://repository.unika.ac.id/id/eprint/21848

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