BPJS is a Requirement for Managing SIM-STNK, This is the Response of a UM Surabaya Legal Expert

25 Feb
2022

Ilustrasi foto (antaranews)

BPJS is a Requirement for Managing SIM-STNK, This is the Response of a UM Surabaya Legal Expert

Making BPJS a requirement for administering driving licenses (SIM), vehicle registration certificates (STNK) to police record certificates (SKCK) contained in Presidential Instruction (Inpres) Number 1 of 2022 concerning optimizing the implementation of the National Health Insurance program (JKN) causing controversy in the community.

Law expert at the University of Muhammadiyah Surabaya (UM Surabaya) Satria Unggul Wicaksana explained that there are at least two problems that need to be addressed. Whereas the management of SIM and STNK stands in Law Number 2 of 2002 concerning the police and Law Number 22 of 2009 concerning Road Traffic and Transportation (LLAJ), while the issuance of BPJS is contained in Law Number 40 of 2004 concerning the national social security system and the Law Law Number 24 of 2011 concerning the Social Security Administration Agency (BPJS)

"Judging from the different types of legislation, it is clear that the president's instructions can be considered to be flawed in the formal procedure for regulating them," said Satria Friday (25/2/22)

He explained that this policy was considered maladministration if all public services had to require BPJS, because in addition to issuing SIMs and STNKs, the requirement to buy a house also required BPJS letters.

"Especially in the linked BPJS system regarding the confidentiality of patient data which is clearly protected by law and the potential for the dissemination of privacy data to be a serious problem in protecting the basic rights of citizens," he added again.

Furthermore, Satria explained two steps that could be taken by people who were disadvantaged by the implementation of this policy. First, testing Presidential Decree No. 1 of 2022 concerning optimizing the implementation of the National Health Insurance (JKN) program to the Supreme Court (MA), because it is considered to be contrary to the law above it.