The Implementation of Health BPJS Connected to Balance Principle in Economic Law and Sharia Principles

摘要

Article 28 H of the 1945 Constitution stipulates that everyone has the right to obtain health services. To conduct this mandate, January 1st, 2014, the government formed Health Care and Social Security Agency (BPJS). Article 29 (2) of the 1945 Constitution provides a mandate, namely that the state guarantees the independence of each population to embrace their respective religions and worship according to their religion and beliefs. For Muslims, all aspects of life are worship and therefore must comply with religious provisions. Likewise, in the implementation of Health BPJS, it conducts the governing function in the field of public services. For this reason, a study was conducted with the aim at finding the implementation of Health BPJS from balance principle in Economic Law and the organization of Health BPJS connected to sharia principles. The study was conducted by a normative juridical approach, analytical descriptive as the nature of research, secondary data, and analysis techniques of qualitative data through legal interpretation. In conclusion, the implementation of Health BPJS connected to the balance principle did not fulfill the balance principle between the interests of the parties in the agreement. Judging from sharia principle, the implementation of Health BPJS still includes elements of usury (additional), maisir (speculative/luck), and gharar (unclear things) that are prohibited in Islam.