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Decentralization of Indonesia social health insurance

Sanusi Bintang (Faculty of Law, Universitas Syiah Kuala, Banda Aceh, Indonesia)
Mujibussalim Mujibussalim (Faculty of Law, Universitas Syiah Kuala, Banda Aceh, Indonesia)
Fikri Fikri (Faculty of Law, Universitas Syiah Kuala, Banda Aceh, Indonesia)

International Journal of Law and Management

ISSN: 1754-243X

Article publication date: 4 April 2019

581

Abstract

Purpose

The purpose of this study is to explain the need for the implementation of decentralization of Indonesia social health insurance (INA-Medicare), with particular emphasis for Aceh Province. First, it discusses the inconsistency of Act on National Social Security System (ANSSS) to the 1945 Constitution, because certain rules in ANSSS are contrary to the 1945 Constitution. This weakens the practice of broader regional autonomy, lessens the importance of public service quality in health care and ignores specific cultural and religious values of the regional people. Then, it explains provisions on central and regional government authority in the 1945 Constitution, Act on Regional Autonomy and Act on Governing of Aceh. Later, it explores current law and practice of INA-Medicare under the national social security system and the centralized administering body. Finally, it provides reasons for decentralization of INA-Medicare, as the solution.

Design/methodology/approach

This study uses doctrinal legal research. It relies on both primary and secondary legal authorities. In additions, it also uses sociolegal research by relying on non-legal materials, including empirical data from books, journals and newspapers. Analysis of legal authorities is by legal reasoning process, whereas analysis of non-legal materials is by qualitative approach.

Findings

This study argues that the decentralization of INA-Medicare is more suitable for Aceh Province because of several reasons, including implementing broader regional autonomy, improving public service quality in health care and implementing the principle of sharia social health insurance.

Originality/value

The study is original because it focuses on a specific regional area of Aceh Province, Indonesia. It concentrates on specific legal issues and provides unique reasons for argumentation. Therefore, it provides important specific information for journal readers.

Keywords

Citation

Bintang, S., Mujibussalim, M. and Fikri, F. (2019), "Decentralization of Indonesia social health insurance", International Journal of Law and Management, Vol. 61 No. 2, pp. 310-327. https://doi.org/10.1108/IJLMA-07-2018-0143

Publisher

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Emerald Publishing Limited

Copyright © 2019, Emerald Publishing Limited

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