THE VIOLATION ON THE RIGHT OF SOCIAL HEALTH INSURANCE PARTICIPANTS IN SERVICES OF HOSPITALS

Based on Law Number 24 Year 2011 on the Social Security Administering Body. In Article 2 of the Act of the Social Security Administering Body, it is mentioned that the Social Security Administering Body organizes a national social security system based on the principles of humanity, benefit and social justice for all Indonesians. In the provision of health facilities for the community, the Social Health Insurance Administering Body shall make the rules of the introduction of health service providers namely the provision of inpatient and the provision of medicine as regulated in the Minister of Health Regulation Number 28 of 2014 on Guidelines for Implementation of the National Health Insurance Program and the Decree of the Minister of Health of the Republic of Indonesia Number hk.01.07/menkes/659/2017 About the National Formulary as a form of medicinal needs for patients in the Hospital. From both aspects, a form of rights violation is committed by the hospital, indicating that the patient has not fully obtained the right. The right to health can also be found in national instruments in article 28H paragraph (1) and article 34 paragraph (3) Constitution of the Republic of Indonesia, article 9 of Law Number 39 of 1999 on Human Rights and Article 12 Law Number 11 Year 2005 on Ratification of the Covenant on Economic, Social and Cultural Rights. The provisions of the Constitution shall be further regulated in Law Number 36 Year 2009 on Health.