| Home

Overview


Original Research

INDONESIAN HEALTHCARE INSURANCE AND SOCIAL SECURITY (BPJS): AN ANALYSIS OF LAW NO. 40 OF 2004 ON MAQASHID SHARIA

SYUFA’AT 1, and MUHAMMAD FUAD ZAIN 2.

Vol 18, No 01 ( 2023 )   |  DOI: 10.17605/OSF.IO/M7XSF   |   Author Affiliation: Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia 1,2.   |   Licensing: CC 4.0   |   Pg no: 41-51   |   Published on: 09-01-2023

Abstract

This article analyzes the policy of the Government of Indonesia on the implementation of Indonesian Healthcare Insurance and Social Security (BPJS) in Law No. 40 of 2004 reviewed from Maqasid Sharia. The main problem of BPJS membership is the unfulfillment of health services properly despite the increase in premium rates and BPJS claims over budget deficits. According to the Maqasid Sharia theory, what the Government does is in accordance to maintain the life of the people. The debate about the halal status of BPJS is divided into two; MUI stated that it is not appropriate with sharia, on the other hand, the largest NU mass organization through the Bahsul Masail Nahdhatul Ulama Institution (LBMNU) states that BPJS conforms to sharia principles and categorizes on contract of ta'awun (helping others). The promulgation of BPJS membership influence the people to support the program by paying premiums, and the government is obliged to provide good services to the premium and non-premium participants to maintain the people live as state social security.


Keywords

BPJS, Contract, Government of Indonesia, Helping Others, Maqasid Sharia