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Andhika Farhan Mahadi
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International Law Student, Universitas Indonesia

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Ilmu Sosbud

Implementation of Health Insurance Policy: How Important is Having a Health Insurance

10 Juni 2022   18:20 Diperbarui: 10 Juni 2022   18:47 165
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Facts

Insurance or coverage is an agreement between two or more parties, in which the insured party is bound by the insured party by receiving insurance premiums as reimbursement for losses, damages, as well as loss of expected profits or legal liability to third parties that the insured will suffer. Health insurance is a means for financing a person's health care expenses. 

While the majority of people have private health insurance, primarily through an employer, many others obtain coverage through programs offered by the government. Economic trends, alterations in the demographic composition of a population, and policy changes that affect access to care can cause the prevalence of insurance coverage and the allocation of coverage types to change from year to year.

Points and issues/questions that I want to address here is how important is health insurance?  How is the development of health insurance? And what are the laws governing health insurance in Indonesia?

Introduction

In life, every human being will face risks. According to the online Indonesian Dictionary (KBBI), risk is an unpleasant or harmful or harmful consequence of an act or actions. Man is required to always be able to manage all the risks that come his way as a result of the actions or actions he does. Risk itself is divided into several types, namely general risk, speculative risk, individual risk, property risk, and liability risk. One form of preventive risk management is with insurance.

Insurance is a device prepared by a group of people to deal with adverse events that in the event of a loss burden can be spread throughout the group. Therefore, it can be concluded that the benefits of insurance, namely providing peace of mind, as an investment and protection, helping to minimize losses, and helping to manage finances. Insurance is recognized for its existence by the state through the procurement of Labor Social Security which is regulated in Law No. 3 of 1992 concerning Labor Social Security. 

Regulations

Based on Article 1320 of the Civil Code, for the validity of an agreement, four conditions are needed, namely

  • Agreed those who bind themselves
  • The parties to the agreement must enter into a consensus, meeting of minds. What is agreed by the insurer must also be agreed by the insured party and vice versa.
  • Ability to make an attachment
  • The parties to the agreement must have proficiency in performing legal acts; is an adult, not under custody, not in a state of memory sickness, and not in a state of bankruptcy.
  • A certain thing
  • There must be an insured object that has a direct and/or indirect relationship with the insured object.
  • A lawful cause
  • The contents of the agreement should not exist prohibited by law, not contrary to public order, and not contrary to decency.

In addition to the above provisions, according to the Trade Law, the insurance agreement can also be canceled if the following occurs:

  • According to Article 251 of the Trade Law, it contains false or incorrect information or if the insured does not notify the matters he knows, where if it is conveyed to the insurer, it will result in the non-closing of the insurance agreement.
  • According to Article 269 of the Trade Law, it contains a loss that existed before the insurance agreement was signed.
  • According to Article 272 of the Trade Law Code, it contains a provision that the insured by notice through the court releases the insurer from all future obligations.
  • According to Article 282 of the Trade Law Code, there is an ingenious reasoning, fraud, or fraud of the insured.
  • According to Article 599 of the Trade Law, if the object of coverage according to the laws and regulations cannot be traded on a ship, either an Indonesian ship or a foreign ship used to transport the object of coverage according to the laws and regulations, it cannot be traded.

In my opinion, the legal basis above is enough to explain the regulations related to health insurance in Indonesia, we just need to understand it better and take the right steps in order to get the benefits.

 Arguments

The resident population of the United States was estimated to be around 300 million by the end of 2006. Around 250 million people had health insurance of some kind. The key word here is "approximately." Health insurance can be obtained from a variety of sources. Many of them have access to multiple sources and, in some cases, coverage from multiple sources. Furthermore, they may not have coverage for the full year, and there is no central database of who has what kind of coverage for how long. As a result, a person living in a two-earner family may be covered by both, only one, or neither. A retiree may have both Medicare and a commercial supplemental insurance policy. Although an early retiree may not be eligible for Medicare, he or she may be covered by a prior employer or have obtained private coverage. A college student may receive coverage via her parents as long as she is enrolled full-time, but coverage may lapse if she quits a class tomorrow.

The concept of social health insurance first developed in Europe in 1883. At that time, Chancellor Otto van Bismark obliged all workers to join the Sick Fund (zieken fond). Van Bismark argued that the population should get its rights even in difficult times, not from donations but rather from its own contributions. The state must also ensure that workers' rights are fulfilled, not only in terms of financing treatment or treatment but also in lieu of wages lost due to inability to work due to one disease. Even so, this obligation ends up only being applied to high-end workers (white collar).

According to the Global Medical Trends Survey 2018, medical cost inflation in 2018 globally reached 7.2%. This of course resulted in an increase in health insurance users aimed at alleviating their medical costs in the unexpected future. The number of insurance companies in Indonesia is always increasing every year. In 2012-2016 there was an increase in insurance and reinsurance companies from 140 companies to 146 companies, an increase in insurance support companies from 205 companies to 237 companies, as well as an increase in gross premiums by an average of 19.8% per year or around Rp361.78 trillion.[12] Even though that is the case, the government must still level the opportunity for people who want to exercise their right to claim the Health insurance they have, because it is a written and inevitable right of the people.

Conclusion 

Things that I can conclude from above is health insurance is a means for financing a person's health care expenses. While the majority of people have private health insurance, primarily through an employer, many others obtain coverage through programs offered by the government. In their life, every human being will face risks. Risk is an unpleasant or harmful or harmful consequence of an act or actions. Insurance is a device prepared by a group of people to deal with adverse events that in the event of a loss burden can be spread throughout the group. The legal bases governing insurance and health insurance are the Civil Code, the Trade Law, and Law Number 3 of 1992 concerning Labor Social Security.

The government must still level the opportunity for people who want to exercise their right to claim the health insurance they have, because it is a written and inevitable right of the people. Because health insurance can make you have immediate access to care in the event of an accident or a specific sickness, such as cancer, offers you protection against excessive and unexpected medical costs and minimize costs if you or a family member becomes unwell  

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