LEGIDAL ANALYSIS OF BPJS HEALTH SERVICES FROM A HUMAN RIGHTS PERSPECTIVE

Abstract

This study aims to examine the suitability of the Health Social Security Agency (BPJS) Health service system in Indonesia with the principles of the right to health recognized in international law. Using a juridical-normative approach and literature review method, this study analyzes primary legal materials in the form of national laws and regulations, as well as secondary legal materials from international documents such as ICESCR, General Comment No. 14, and WHO guidelines on universal health coverage. This study also examines structural and legal challenges in the implementation of BPJS services, especially related to aspects of accessibility, quality, and protection of participant rights. The results of the study show that although Indonesia has legally recognized the right to health as part of human rights, the implementation of BPJS services still faces a number of obstacles such as inequality of access, administrative bureaucracy, and the lack of a human rights-based complaint mechanism. Comparative studies with developing countries such as Thailand and Brazil show the importance of integrating human rights principles into social security policies. This study recommends regulatory reform and strengthening of supervisory institutions as normative steps to ensure that the BPJS system is in line with international human rights standards. These findings contribute to the discourse on inclusive and equitable health law reform