Indonesia Conference Directory

Article 28 H of the 1945 Constitution stipulates that everyone has the right to obtain health services. To conduct this mandate, the government formed the Health Care and Social Security Agency (the Health Care BPJS) on January 1, 2014. Article 29 (2) of the 1945 Constitution provides a mandate that the state guarantees the independence of each resident to embrace their 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 its implementation, the Health Care BPJS conducts the governing function in the field of public services. For this reason, this study was conducted to find the implementation of the Health Care BPJS based on balance principle in Economic Law and the implementation of the Health Care BPJS connected to sharia principles. The study used a normative juridical approach with descriptive analytic research, secondary data, and qualitative data analysis techniques through legal interpretation. The results can be concluded that in the implementation of the Health Care BPJS, the balance principle between the interests of the parties in the agreement was not fulfilled. Besides that, related to sharia principles, there are elements of usury (additional), maisir (speculative/chance), and gharar (the unclear things) that are prohibited in Islam in its implementation.