SISTEM JAMINAN SOSIAL KESEHATAN DALAM MEMENUHI HAK DASAR KESEHATAN MASYARAKAT YANG BERKEADILAN

Abstract

1945 Constitution asserts, "Everyone has the right to live a healthy and receive medical care" (Article 28 H number (1) and "The State is responsible for the provision of health care facilities and public services facilities" (Article 34 points (3). Based This constitutional mandate, it has enacted Law No. 40 Year 2004 on National Social Security System (Navigation), in Article 19 (1) stated that: "The national health insurance scheme organized by the social insurance principle and the principle of equity". Basic right to health can not be enjoyed by everyone in a fair and equitable, because there is a legal system that supports the establishment of a social security system health. In the realm of social security health settings, there are still many regulatory disharmony and there are many rules that are not synchronized between central and local regulations. Theoretically, this condition is necessary to harmonize and synchronize the rule of law, thus forming the legal regulation of social health insurance system that is integrated between the central and local governments, to manifest the fulfillment of basic rights ° Based Pancasila public health, social justice for all Indonesian people. The method used normative juridical approach (non-doctrinal), in the sense of using secondary data and a form-based approach laws or approach the concepts of law, which is focused on analyzing the relationship between social security health system to meet the basic rights of the community health fair , to conduct a qualitative analysis through the study of literature, using primary and secondary legal materials presented. The conclusions of this dissertation: (1) the historical development of social health insurance arrangements are set out in various legislation, but has not been established social health insurance system that is consistent, (2) Regulations on social security health of a lot of overlap, a lot of rules that do not fit the sort order for the legislation in force so that the health of social security coverage remains low, (3) ideal concept that can meet the basic rights of the community health fair is to integrate the subsystems and subsystem health care financing, the implementation of which is integrated between the central and local governments. Recommendations need to build a social security system health with social health insurance model implementation should be integrated in accordance with Article 5 of Law Social Security jo. Article 22 of the Law on Local Government, which confirmed that both the central and local governments the right to organize health insurance but may not be exclusive, so as to realize the fulfillment of basic community health fair in the Homeland. Keywords: health social security system, the basic rights of health, justice.