Rules cessation programs Public Health Insurance (Assurance) after the enactment of the Social Security Agency (BPJS) Health assessed against the 1945 Constitution by the Executive Power independent verifier. This objection set forth by an independent verifier Executive Power, Dwi Afrianto, in the application for judicial review of Law No. 24 of 2011 of the Social Security Agency submitted to the Constitutional Court. The trial of this case with No. 26/PUU-XIII/2014 held on Wednesday( 26/3 ) at the Plenary Court.

In the main petition, the Petitioner felt their constitutional rights violated by the enactment of Article 60 paragraph (2) letter a of Law BPJS. The article states " Since the operation BPJS Health referred to in paragraph (1): The Ministry of Health is no longer held a public health insurance program". Dwi Afrianto revealed himself as the applicants joining the Implementing Power JAMKESNAS independent verifier who were recruited by the Ministry of Health who later cooperated with PT Askes since 2008. "The government is looking for a reason to dismiss impressed Implementing Power independent verifier. One of them with the rules regarding age limit below 25 years," explained Afrianto.

In addition, Afrianto expressed enactment of Article 60 paragraph (2) letter a BPJS it resulted in the loss of legal certainty and the loss of Petitioner’s right to work, since the expiration of the contract JAMKESNAS independent verifier of the Ministry of Health which is placed for the benefit of PT Askes. For this reason, the demand or petitum, the Applicant requested that Article 60 paragraph (2) a conditional BPJS Act declared unconstitutional.

Panel of judges, led by Judge Ahmad Fadlil Sumadi, accompanied by Judge Maria Farida Indrati and Anwar Usman suggest improvements. Maria suggested that the applicant changed the reason for repair of concrete cases related to the constitutionality of a problem. "Then to be seen what the norm is related to the conflict. The applicant also must think about the effects that arise when this article eliminated if instead there will be legal uncertainty because there JAMKESNAS also BPJS Health. This is what needs to be reconsidered," he said.

Fadlil suggested that the association of the Executive Power independent verifier to conduct negotiations with the Health BPJS steps that can be followed of contract. "This is not an issue of constitutionality of the norm, but the problem konret about any policy change," said Fadlil. (Lulu Anjarsari / mh )