JAKARTA | INDONESIA - The Supreme Court (MA) granted the judicial review of Presidential Regulation (Perpres) Number 75 of 2019 concerning Health Insurance which was signed by President Joko Widodo (Jokowi) on October 24, 2019.
This judicial review was submitted by the Community Dialysis Patients (KPCDI) who objected to the increase in BPJS Health contributions. In its decision, the Supreme Court canceled the increase in BPJS dues that had been in effect since January 1, 2020.
"Stating that Article 34 paragraph (1) and (2) Presidential Decree Number 75 of 2019 concerning amendments to Presidential Decree Number 82 of 2018 concerning Health Insurance does not have binding legal force," said the ruling of the Supreme Court Spokesperson Andi Samsan Nganro, Monday ( 9/3/2020), as reported by CNN Indonesia.
The verdict was rebutted by Judge MA Supandi as chairman of the panel of judges together with Yosran and Yodi Martono Wahyunadi respectively as members. The Assembly decided on 27 February 2020.
In its decision, the Supreme Court also stated that Article 34 paragraphs (1) and (2) were contrary to Article 23A, Article 28 H in conjunction with Article 34 of the 1945 Constitution. Apart from that, it was also contrary to Article 2, Article 4 letters b, c, d, and e, Article 17 paragraph (3) of Law Number 40 Year 2004 concerning the National Social Security System.
Then it also contradicts Article 2, Article 3, Article 4 letters b, c, d, and e of Law Number 24 of 2011 concerning Social Security Administering Bodies, as well as Article 4 in conjunction with Article 5 paragraph (2) in conjunction with Article 171 of Law Number 36 of 2009 concerning Health.
The following is the content of Article 34 paragraph (1) and (2) which was canceled by the Supreme Court:
Article 34
(1) Contribution for PBPU Participants and BP Participants shall be:
a. IDR 42.000 per person per month with service benefits in Class III treatment rooms
b. Rp110.000 per person per month with Benefits
service in Class II treatment rooms
c. Rp160.000 per person per month with Benefits
service in Class I treatment rooms.
(2) The Contribution as referred to in paragraph (1) shall come into effect on January 1, 2020.
BPJS contributions were previously stated in Presidential Decree Number 82 of 2018 concerning Health Insurance. In the regulation, the independent class III fee is IDR 25.500 per person per month, the class II independent fee is IDR 51 thousand per person per month, and the independent class I fee is IDR 80 thousand per person per month. [DDHKNews / source: CNN Indonesia]
