Protecting People^s Rights to Adequate Health Care Through the National Health Insurance System
Emed Tarmedi, Nandang Sambas, Sri Ratna Suminar

Fakultas Hukum Universitas Islam Bandung

Abstract

The right to health is a fundamental human right guaranteed by the 1945 Constitution of Indonesia, supported by national legislation and international legal instruments. However, the implementation of the National Health Insurance (JKN) still faces a gap between normative regulations and the realities of healthcare delivery. Methods, This study adopts a normative-juridical approach by analyzing the Constitution, statutory regulations, international instruments, BPJS Health performance reports, and Ministry of Health data. The evaluation employs the AAAQ framework (availability, accessibility, acceptability, and quality). Results, Findings reveal that although Indonesia has established a strong legal framework for the right to health, the implementation of JKN encounters persistent challenges, including limited infrastructure, unequal distribution of health workers, financial sustainability issues, administrative bureaucracy, and discriminatory practices. The application of the AAAQ principles has not yet been realized equitably across regions.
Discussion, These results highlight a significant gap between normative ideals and practical implementation. Strengthening regulations, ensuring equitable distribution of facilities and health personnel, improving JKN governance, and integrating human rights principles into health policy are essential to enhance the protection of the right to health.
Conclusion, The fulfillment of the right to health in Indonesia requires systemic reform to achieve universal health coverage (UHC) that is fair, equitable, and sustainable.

Keywords: right to health, JKN, BPJS, human rights, AAAQ

Topic: Law and Ethics in Terms of Islamic Perspective