Kadarusman.
Septyanun, & Y.
Erwin ISSN Number 2337-7216.
E ISSNNumber 2620-6625
A JURIDICAL-NORMATIVE INQUIRY INTO THE PROCEDURAL FRAMEWORK OF
LEGAL PROTECTION FOR THE POOR TO ACCESS HEALTHCARE IN INDONESIA
Kadarusman Mahasiswa Magister Ilmu Hukum.
Universitas Muhammadiyah Mataram.
Indonesia email: kadarusman.
kman99@gmail.
Nurjannah Septyanun Universitas Muhammadiyah Mataram.
Indonesia nurjannahs@ummat.
Yulias Erwin Universitas Muhammadiyah Mataram.
Indonesia yuliaserwin@ummat.
Abstract This article uses a juridical-normative approach to examine health access for low-income people, focusing on procedural justice as an analytical framework.
It highlights the legal system's role in protecting people with low incomes regarding health access and encourages reflection on more practical applications of procedural justice principles.
Legal protection in health includes preventive and repressive aspects involving the government, hospitals, and the BPJS Kesehatan.
The government and hospitals are responsible for providing good health facilities and patient safety.
Participants can claim compensation for negligence or errors in health services.
In contrast, hospitals are liable for losses caused by the medical team.
The research highlights the importance of transparency, public participation, the right to information, and equality in ensuring quality health services for participants of the BPJS Kesehatan.
However, there are areas for improvement, such as limited access to information, slow settlement processes, little compensation, legal uncertainty, and protection from discrimination.
To address these weaknesses, increased transparency, accessibility, and efficiency are expected.
Cooperation between the government and related agencies is essential for improving the effectiveness of the legal protection system for participants.
Keywords: BPJS Kesehatan.
Legal Protection.
Poor People.
Procedural Justice INTRODUCTION The in physical and mental prosperity, reside, and obtain a good and healthy environment and adequate standard of living for the community, health services, which is the mandate of Article particularly in terms of health.
For this reason, 28 H Point .
of the 1945 Constitution the 1945 Constitution and other government (Amende.
To empower the weak and regulations have regulated the mechanism for underprivileged in line with human dignity, the providing health services for the people of state then develops a social security system for Indonesia1.
Every person has the right to live all its citizens [Article 34.
Point .
]2.
The state M Zamroni Fauzia Fahmi Budi Pramono.
AuKebijakan Hukum Pemerintah Indonesia Dalam Pelaksanaan Vaksinasi Covid-19 Ditinjau Dari Hak Asasi Manusia Atas Kesehatan,Ay Preferensi Hukum 04, .
355Ae72, https://w.
id/index.
php/jupr ehum/article/view/8242.
DPR dan MPR RI.
AuNegara Republik Indonesia Tahun 1945,Ay Warga dan Negara A .
Jurnal Ilmiah AuAdvokasiAy Vol.
No.
July, 2026 Kadarusman.
Septyanun, & Y.
Erwin ISSN Number 2337-7216.
E ISSNNumber 2620-6625 is fully responsible for providing decent public personally or whose contributions are paid by healthcare facilities, as Article 34 Point .
the government, as stated in Article 20 In addition, according to Article 5 Paragraph .
of the SJSN Law4.
Article 22 of Paragraph .
of Law No.
36/2009 on Health, the same law emphasizes that health insurance the equal right to obtain health resources is benefits consist of individual health services, guaranteed to all people.
Therefore, the right to health is a fundamental right for all people and rehabilitative services, including necessary all categories of citizens.
medicines and consumable medical materials.
Referring to this framework, health By paying contributions through the state services will be provided gradually to people budget, the government wants to guarantee that the underprivileged will receive their financial capacity of local and central rights, especially regarding health.
Everyone To develop quality human wants to be healthy, both for individuals and resources, high resilience and competitiveness, groups and even society.
and comprehensive national development.
According to the Health Law, everyone every effort aimed at improving the highest has the right to the best health status and should possible degree of public health is significant3.
be involved in every health effort promoted by The government is expected to protect public the government.
All Indonesian citizens should health by paying for health costs through the enjoy this condition as much as possible.
budget provided by the provincial government line with this.
BPJS Kesehatan Regulation No.
for hospitals and health centres in their 1 Year 2014 on the Implementation of Health respective regions, based on the provisions of Insurance Article 19 Paragraph .
of Law No.
40/2004
guarantees that participants will receive health on the National Social Security System .
he care benefits and protection to meet basic SJSN La.
, which states that the purpose of health needs as provided to all people who pay providing health insurance is to ensure that contributions or obtain relief from the participants receive health care benefits and Given the extent of this problem, protection to meet their basic health needs.
A health insurance participant is any complete, integrated, equitable, and affordable health services for all people through the https://w.
id/wpcontent/uploads/2014/06/UUD-1945.
Asyhadie Zaeni.
Aspek-Aspek Hukum Kesehatan Di Indonesia.
Jurnal Keperawatan Indonesia, http://repository.
id/19808/2/16.
C2.
0053 ARIS
PRIO AGUS SANTOSO.
SH .
BAB I.
Sekretaris Negara RI.
Au RI No.
40 Tahun 2004 Tentang Sistem Jaminan Sosial Nasional,Ay Jdih BPK RI A .
Jurnal Ilmiah AuAdvokasiAy Vol.
No.
July, 2026 Kadarusman.
Septyanun, & Y.
Erwin ISSN Number 2337-7216.
E ISSNNumber 2620-6625 national health system.
These efforts are made insurance program7.
The PBI, as stated in with an emphasis on the health services of the Article 4 Letter A of the BPJS KesehatanAos wider community to achieve the best degree of Regulation No.
1/2014, consists of .
individuals classified as poor or .
individuals The implementation of universal health who do not have the financial capacity.
Rapid coverage in Indonesia began in January 2014 advances in health science and technology and was widely seen as a significant step forward for Indonesia's population of 239.
increasingly sophisticated medical devices.
Indonesian policymakers committed Health facilities in the National Health to covering every citizen by 2019 under a Insurance program are classified into Primary system managed by the BPJS Kesehatan as the Level Health Facilities (Fasilitas Kesehatan specialized implementing agency for social Tingkat Primer/FKTP) and Advanced Referral security in the health sector5.
In line with this Health Facilities (Fasilitas Kesehatan Rujukan orientation, on 1 January 2014.
PT Askes Tingkat Lanjutan/FKRTL).
The FKTP can (Perser.
was transformed into the Health include Community Health Centres (Pusat Social Security Agency (BPJS).
Under Article Kesehatan Masyarakat/Puskesma.
Doctor 5 of Law No.
24/2011 on the BPJS6, all Practices.
Primary Clinics, and Class D responsibilities of the PT Askes (Perser.
as a Primary Hospitals.
In contrast, the FKRTL social security provider and implementer of the includes Primary Clinics.
General Hospitals.
Jamkesmas program were transferred to the and Special Hospitals (Minister of Health BPJS Kesehatan.
Regulation No.
28/2.
According to Article Since the BPJS Kesehatan was activated.
Jamkesmas 47 of the BPJS KesehatanAos Regulation No.
1/2014 on the Implementation of Health automatically become Recipients of Fee Insurance, all types of health facilities must Assistance (Penerima Bantuan Iuran/PBI).
provide promotive, preventive, curative, and Many Jamkesmas participants still need help rehabilitative health services, including the obtaining health services because they are provision of drugs and medical consumables unaware of the new procedures offered by the according to medical needs.
BPJS Kesehatan for the national health Shinta Chyntia Agustina.
Laksono Trisnantoro, and Dwi Handono.
AuImplementasi Program Indonesia Sehat Dengan Pendekatan Keluarga (Pis P.
Menggunakan Tenaga Kontrak Di Kabupaten Kulon Progo Tahun 2018 Implementation of Health Indonesia With Family Approach (Pis P.
Using Contract in Kulon Progo District 2018,Ay Jurnal Kebijakan Kesehatan Indonesia: JKKI 08, no.
: 104Ae12.
Menteri Hukum dan HAM RI.
AuUndangUndang Republik Indonesia Nomor 24 Tahun 2011 Tentang Badan Penyelenggara Jaminan Sosial,Ay 1 A .
Andi Nur Fiqhi Utami and Dyah Mutiarin.
AuEvaluasi Program Jaminan Kesehatan Nasional Pada Fasilitas Kesehatan Tingkat I Kabupaten Sleman Tahun 2016,Ay Journal of Governance and Public Policy 4, no.
: 39Ae70, https://doi.
org/10.
18196/jgpp.
Jurnal Ilmiah AuAdvokasiAy Vol.
No.
July, 2026 Kadarusman.
Septyanun, & Y.
Erwin ISSN Number 2337-7216.
E ISSNNumber 2620-6625 The primary purpose of establishing the requiring intensive care.
In addition to the BPJS Kesehatan is to ensure everyone has easy problems faced by underprivileged patients access to medical care8.
Furthermore, there is who cannot obtain health care through the no difference between the BPJS Kesehatan's BPJS Health card, other things are also treatment classes for outpatient treatment and complained about, namely the slow handling medication, and the quality of service for classes 1 and 2 should be the same.
However, the veracity of this statement is sometimes in because it is not the type of hospital that is doubt as the reality contradicts itself with covered by the BPJS procedures.
That certain hospitals denying many patients of the contradicts the Health Law, which stipulates BPJS KesehatanAos access to treatment because that health facilities, both public and private, they cannot accommodate them all or due to are prohibited from requesting down payments the lack of referral letters.
in emergencies and rejecting patients (Article Previous research findings prove that 32 of Law No.
36/2009 on Healt.
hospitals often refuse BPJS Kesehatan patients Implementing national health insurance to receive treatment, which violates the is one of the government's strategic measures BPJS Kesehatan to provide legal protection in the health sector Even and realize public welfare.
Legal protection in treatment for BPJS Kesehatan patients, health services aims to ensure legal certainty especially the PBI category, is only sometimes for patients to avoid losses when seeking obtained for free10.
Reflecting on this case, all access to and receiving services managed by people should have the opportunity to enjoy all healthcare service provider institutions in the right to proper health, regardless of their Indonesia.
Barriers to accessing hospital health Kesehatan services experienced by patients of BPJS participant who seeks treatment at hospitals.
Kesehatan, especially PBI beneficiaries, cast clinics, or other health facilities is entitled to doubt on the availability of guarantees of their full accessibility to the National Health irrespective of the price of expensive drugs or Insurance program at certain health facilities.
Every BPJS Irna Permata Sari.
Fauzi Arif Lubis, and Khairina Tambunan.
AuAnalisis Efektivitas Program BPJS Kesehatan Dalam Meningkatkan Kesehatan Dan Kesejahteraan Masyarakat,Ay Reslaj :
Religion Education Social Laa Roiba Journal 6, no.
512Ae21, https://doi.
org/10.
47467/reslaj.
Yasmin Shafa.
Jefik Zulfikar Hafizd, and Ubaidillah.
AuAnalisis Pengelolaan Asuransi Kesehatan Perspektif Hukum Ekonomi SyariAoah,Ay Perfecto: Jurnal Ilmu Hukum 01, no.
: 153Ae66.
Norliza Katuk et al.
AuHalal Certification for Tourism Marketing: The Attributes and Attitudes of Food Operators in Indonesia,Ay Journal of Islamic Marketing .
1043Ae62, https://doi.
org/10.
1108/JIMA-03-2020-0068.
Menteri Hukum dan HAM RI.
AuUndangUndang Republik Indonesia Nomor 36 Tahun 2009 Tentang Kesehatan,Ay 1 JDIH Kementerian Hukum dan HAM RI A .
Jurnal Ilmiah AuAdvokasiAy Vol.
No.
July, 2026 Kadarusman.
Septyanun, & Y.
Erwin From ISSN Number 2337-7216.
E ISSNNumber 2620-6625 Despite the existence of comprehensive constitutional recognition of the right to health under Articles 28H and 34 of the 1945 concerning the right to health, significant gaps Constitution imposes a positive obligation remain between normative legal protections upon the State to ensure effective and non- and their practical implementation.
Reports issued by the Indonesian Ombudsman and Nevertheless, practical obstacles experienced findings from BPJS Kesehatan evaluations by PBI participants demonstrate that formal indicate recurring complaints related to legal guarantees do not automatically translate administrative barriers, delayed referrals.
The rejection of PBI participants, and unequal persistence of administrative barriers indicates treatment in healthcare facilities.
Previous a discrepancy between constitutional mandates and the implementation of healthcare policies, administrative aspects and health policy thereby raising questions regarding the implementation, while limited attention has been devoted to examining these issues embedded in Indonesia's healthcare regulatory through the perspective of procedural justice.
Therefore, this study contributes novelty by The writing of this article is motivated by critically evaluating the effectiveness of the urgency to understand the complex issues Indonesia's legal protection mechanisms for related to health access faced by people low-income experiencing poverty.
Equitable access to juridical-normative analysis with procedural health services is essential for realizing a justice theory.
healthy and empowered society.
Within the Access to healthcare is not just about the community, there are vulnerable groups, availability of medical facilities but also about namely people with low incomes, who often the ability of low-income people to navigate face severe challenges in accessing decent and affordable health services.
In this context, the Understanding this issue, therefore, issue of health access is not limited to logistical requires us to engage a multidisciplinary or geographical problems but also includes the perspective, combining economic, social, and interconnectedness of economic, social, and legal elements to detail the obstacles faced by legal factors that affect the ability of people this group of people in accessing equitable and experiencing poverty to obtain health care that quality health services.
A deep understanding suits their needs.
of health access for people experiencing RI.
Jurnal Ilmiah AuAdvokasiAy Vol.
No.
July, 2026 Kadarusman.
Septyanun, & Y.
Erwin ISSN Number 2337-7216.
E ISSNNumber 2620-6625 poverty is the foundation for a comprehensive This article focuses on a juridical- juridical-normative analysis.
The juridical- normative analysis of the issue of access to normative analysis is a very relevant tool in emphasizing a review from the perspective of framework affecting people with low incomes' procedural justice theory.
The urgency of this right to health access.
In line with that, the need paper lies in an in-depth understanding of the for juridical-normative analysis arises as a complexity of the issues faced by this response to the need to dig deeper into how vulnerable group in accessing fair and quality existing legal principles are reflected in health services.
Procedural justice is the protection mechanisms related to health theoretical foundation that guides this analysis, considering that legal and administrative By utilizing this approach, the research processes play a crucial role in determining the extent to which the health rights of people normative aspects of the law and the reality of experiencing poverty can be guaranteed.
its implementation in protecting people Procedural justice emphasizes the importance experiencing poverty.
It is important to note of fair, transparent, and inclusive procedures in that this analysis is not only limited to the legal system governing access to health.
understanding the technical aspects of the law The but also includes normative dimensions that understanding that access to health is not only characterize justice and sustainability in the about the availability of medical facilities but context of health access.
A juridical-normative also about the ability of people experiencing analysis will allow us to assess the extent to poverty to break through economic and which the existing legal framework can administrative barriers.
Procedural justice provide adequate protection, address the theory invites us to evaluate how existing legal barriers faced by people experiencing poverty, procedures create a fair environment for low- and, ultimately, provide a strong foundation income people to access health services.
From for legal reform.
In this case, the legal this perspective, juridical-normative analyses protection mechanism should guarantee every are limited to directly identifying barriers and discussing existing legal procedures in depth, regardless of their economic or social implementation in practice.
Thus, this article normative analysis will involve tracing the attempts to bridge the gap between the explicit legal provisions relating to access to normative aspects of the law and the reality of its implementation, particularly in the context Therefore, implementation of the law in practice.
of procedural justice.
Jurnal Ilmiah AuAdvokasiAy Vol.
No.
July, 2026 Kadarusman.
Septyanun, & Y.
Erwin ISSN Number 2337-7216.
E ISSNNumber 2620-6625 It is crucial to investigate the extent to which principles of procedural justice are governing National Health Insurance, and relevant BPJS Kesehatan regulations.
reflected in protection mechanisms related to Secondary legal materials include health access.
That involves an examination books, scholarly journal articles, legal not only of the explicit legal provisions relating to health access but also an assessment Ombudsman of how these procedures are carried out in studies concerning health rights and Using procedural justice theory as an procedural justice.
Legal materials were analytical framework, this article aims to collected through document studies and provide in-depth insights into how the legal literature reviews.
The collected legal materials were experiencing poverty regarding health access.
analyzed qualitatively through statutory As such, this article not only offers further approaches, conceptual approaches, and understanding of the normative aspects of the legal reasoning techniques.
The analysis law but also invites reflection on how the principles of procedural justice can be applied interpretation, conceptual analysis, and more effectively to address the challenges procedural justice assessment to evaluate faced by this vulnerable group of people.
II.
RESEARCH METHODS
inconsistencies between normative legal This research employs a juridical- guarantees and practical implementation.
normative legal approach by examining legal norms14governing healthcare accessibility for i.
RESEARCH
low-income communities in Indonesia.
The DISCUSSION