THE AUTHORITY OF BPJS KESEHATAN TO FORMULATE REGULATIONS IN ORGANIZING GOVERNMENT AFFAIRS IN THE FIELD OF HEALTH INSURANCE

Abstract

This research writes about the authority of the Health Social Security Organizing Agency (BPJS Kesehatan) in drafting BPJS Health Regulations. The problems studied in this research are first, why BPJS Kesehatan makes BPJS Health Regulations, then secondly how the urgency of public participation in the preparation of BPJS Health Regulations. The two problems are then analyzed descriptively qualitatively with the research method used doctrinal method, namely normative legal research methods or library research that makes primary and secondary legal materials as references. The results of this study concluded that the first BPJS Health Regulation was prepared based on 2 (two) things, namely institutionally that BPJS Health has the legality to take legal action (rechtschandelingen) in the form of regulation by producing a legislation that has the nature of delegation and the BPJS Health Authority in preparing BPJS Health Regulations is a delegation of higher legislation above it, namely Presidential Regulations. The second conclusion is that BPJS Kesehatan in the preparation of BPJS Health Regulations can carry out public participation by involving the main stakeholders or if in statutory regulations it is called the right legal adresaat to avoid potential problems or conflicts that may arise after the BPJS Health regulations are stipulated.