Timboel Siregar, BPJS WATCH Advocacy Coordinator
The followings are the position of BPJS WATCH regarding the implementation of Kepmensos No.92/2021:
1. To repudiate the Kepmensos No. 92/2021 that will exclude around 9 million poor people from the JKN program. On top of that is the verifcation process of 12,633,338 people conducted by the regional governments that will impede the participation of the impoverished in the JKN program.
Health is a basic right of the citizens, one that the Government must guarantee. If many poor people are excluded from the JKN program, there will be more Indonesians being marginalized from health services. It will even be more diffcult for them to obtain health services because they are no longer insured by JKN. This is an injustice to the poor.
With the increasing poverty levels amid the Covid-19 pandemic, Decree No. 92/2021 is a testament to the Government’s insensitivity to the poor. If referring to the national medium-term development plan (RPJMN), the number of PBI benefciaries during this trying pandemic should be increased to 107 million people.
2. The Social Affairs Ministry Decree No. 92/2021 runs contrary to the provisions of the 1945 Constitution (UUD 1945) and other regulations.
The Decree contradicts Article 28H paragraph (3) of the UUD 1945. The government must comply with the Article that vouches “Every individual has the right to social security that enables his whole self-development as a dignifed human being.”
The Decree also contradicts Article 14 of Law No. 40/2004 concerning the National Social Security System (SJSN) which mandates the Government must register and subsidize the poor for BPJS Health.
The Decree also negates Article 11 of the Government Regulation (PP) No. 76/2015 which entrusts PBI data changes that include deletion,replacement or addition. The Ministry’s policy and the new Decree selectively delete data without giving any space for replacements or additions.
Therefore, we ask the Social Affairs Minister to comply with the provisions above. Data changes made should include not only the process of deletion but also replacement and addition, based on objective data collection, as we conclude the data collection process for the poor has not been carried out objectively, which results in a number of poor people unable to register as JKN participants.
3. The Kepmensos No. 92/2021 is not founded on objective data obtained from proper feld data collection. Are the 9 million poor people who will be removed from the BPJS Health master fle truly those who are above the poverty line so they are ineligible to be PBI recipients? I do not think this is correct, particularly in this dire Covid-19 pandemic and the economy that is far from recovering.
Therefore, we urge the Social Affairs Minister and social services of the local governments to immediately improve the data collecting process, to obtain accurate data on the poor. The Ministry should also conduct PBI data changes according to PP No. 76/2015, so the alteration does not entirely eliminate the constitutional rights of the poor to receive JKN services.
From the description above, BPJS WATCH urges the Social Affairs Minister to immediately revoke the Kepmensos No. 92 of 2021 and comply with existing regulations established on accurate data collection and objective data.