National Health Insurance: Realizing A Better Public Service and Guaranteeing the Citizens' Constitutional Rights

Abstract

. National health insurance based on Law No. 24 of 2011 implemented on January 1, 2014 is a manifestation of the state's responsibility to fulfill the health care rights for all citizens. Nevertheless, this national policy has not been well received by the community. Not only because it has just started so that the service provided is not optimal, but also it is stated to contain elements of usury, which is contrary to Islamic law followed by a majority of the population in Indonesia. This article will discuss whether national health insurance is an alternative towards better public services or interventions of religious freedom, and how to implement a national health insurance program that can be well accepted by the whole community. National health insurance as an alternative in fulfilling the right to health care services has not been implemented optimally and even tend to discriminate against the poor people. It happens because of limited funding from both government and local governments influencing the lack of accessibility of the poor in this program. In addition, this program also contains an element of uncertainty, an element of gambling, and usury, which is contrary to the teachings of Islam. Therefore, the government should implement this program by using the excellent service standard as a general principle of the new public services and doing synchronization with Islamic law as the religious norms that followed by the largest population in Indonesia. It is important to protect the right in implementing the teachings of religion as a constitutional right.