BPJS Contribution Plaintiff’s Lawyer Hopes The Government Takes the Court’s Decision Less Than 90 Days

Last updated on May 7th, 2021 at 06:22 am

Rusdianto Matulatuwa as the Legal Counsel of the Indonesian Community for Dialysis Patients (KPCDI) as the plaintiff refusing the increase in health BPJS contributions hopes the government to carry out the Supreme Court’s decision not until 90 days after receiving a copy of the decision.

That is based on the Supreme Court Regulation No. 1 of 2004 concerning the Right to Judge Material, which is up to 90 days after the Supreme Court’s decision is sent to the body or official that issues the legislation, if not implemented, the legislation being tested does not have legal force .

Rusdianto explained, if after 90 days the government was silent and did not implement the Supreme Court decision, the increase in BPJS was said to have no binding law.

In the judicial review decision, the Supreme Court mentioned the Amendment to Presidential Regulation Number 82 Year 2018 to Presidential Regulation Number 75 Year 2019 Article 34 Paragraphs 1 and 2 concerning Health Insurance does not have binding legal force.

The article explains the contribution of non-wage participant participants (PBPU) and non-worker participants (BP) increased 100% as of 1 January 2020 to Rp 42,000 per person per month for class III, Rp 110,000 for class II, and Rp 160,000 for class I.

Rusdianto said that the granting of part of the request for judicial review from the plaintiff to the Supreme Court against the Presidential Regulation was considered to be evidence of the rush of the government in making policy decisions.
Especially according to Rusdianto, this is a public policy that leads to the interests of the community, especially the middle to lower.

Sure enough, this argument can paralyze the Perpres in the material test for the 2020 BPJS contribution increase.

“We hope that the government on the losing side does not carry out other intrigues because it loses face. Just carry out this decision, finished. There is no need to procrastinate, “Rusdianto stressed, Monday (03/09/2020).