National Social Security System is a government program that aims to provide legal certainty, protection, and social welfare for all the people of Indonesia. Therefore, the formulation of the articles in Act No. 40/2004 on National Social Security System in accordance with the Constitution of 1945.

Thus it was stated by representatives of the Government, Head of Legal Department Ministry of Manpower and Transmigration Sunarno, the court listened to statements of the Government, Parliament, witness / expert from the Petitioner, the Government, on Tuesday (18/10) at the Plenary Court Room.

According Sunarno, the implementation of social insurance-based Social Security System which is managed by the Government has prevailed universally. "But in the implementation there is wide variation," he said. This difference, he said, are generally influenced by the level of economic and social conditions and cultural societies.

In essence, he said, the implementation of Social Security System based on several principles, among others: the principle of mutual cooperation, non-profit, transparency, prudence, accountability, and participation is mandatory. "Low-risk participants who helped the high risk, capable of helping the less fortunate, that the healthy help the sick," he said. "It conducted according to the principle of mutual cooperation."

While the principle of compulsory membership, according to him, also well for people. "To all the people of Indonesia to the participants so as to be protected," he said. "Although in its application is constantly adapting and consider the ability of the people’s economy, government finances and feasibility implementation program."

Responding to requests related to basic health insurance are only intended to communities unable or poor, according to Sunarno, Petitioner’s argument is correct. Because, it is proper it is done. Not exactly, according to him, asking if the applicant is capable of lumped among the poor. Moreover, it also complies with the mandate of the Constitution, especially Article 34 paragraph (1) and (2) of the 1945 Constitution.

In addition to responding to the issue, the Government has also responded to the Petitioner. In essence, according to the Government, Petitioners’ argument is not correct.

In this case, Petitioner examine 18 articles in the National Social Security Act, namely Article 17, Article 19, Article 20, Article 21, Article 27, Article 28, Article 29, Article 30, Article 34, Article 35, Article 36, Article 38, Article 39, Article 40, Article 42, Article 43, Article 44 and Article 46 of Law Social Security System. According to Petitioners, the social security system settings in the Social Security System Law are regulated by the national insurance system as mentioned in these articles. Petitioner asserts, there are two major differences between the national social security systems with the national insurance system.

At the subsequent hearing, the Petitioner is in case No. This 51/PUU-IX/2011, FX.Arief Poyuono and Darsono, the plan will present an expert and a witness. As an expert, is Head of Institutional Relations of PT. Jamsostek Abdul Latif, while witnesses Get rid Suprapto. The next hearing will be held on Wednesday (9 / 11) afternoon, at the Court Courtroom. (Dodi / mh/Yazid.tr)