PERLINDUNGAN HUKUM PESERTA PBI BPJS NONAKTIF DALAM PEMENUHAN HAK PELAYANAN KESEHATAN

Abstract

This study examines the forms of legal protection available to Contribution Assistance Recipients (PBI) of BPJS Kesehatan whose memberships have been deactivated, from the perspectives of health law and human rights. The right to healthcare is constitutionally guaranteed under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia and is further implemented through Law Number 40 of 2004 concerning the National Social Security System and Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS).This research adopts a normative juridical approach by analyzing statutory regulations and relevant legal concepts, which are subsequently examined through qualitative, systematic, and argumentative interpretation. The findings indicate that the mass deactivation of PBI participants, carried out without clear transitional procedures and adequate objection mechanisms, may generate legal uncertainty and hinder access to healthcare services for poor and vulnerable communities. From the standpoint of international human rights law, such policies must be assessed in light of the principles of progressive realization and non-retrogression as recognized in the International Covenant on Economic, Social and Cultural Rights (ICESCR) and elaborated in General Comment No. 14. Therefore, the state is obliged to establish responsive reactivation procedures, transparent data systems, and effective administrative remedies to ensure fair and continuous access to healthcare.