TINJAUAN YURIDIS PERPRES NOMOR 64 TAHUN 2020 TENTANG PERUBAHAN KEDUA ATAS PERPRES NOMOR 82 TAHUN 2018 TENTANG JAMINAN KESEHATAN TERKAIT DENGAN PUTUSAN MAHKAMAH AGUNG NOMOR 7/P/HUM/2020

Abstract

The issuance of Presidential Decree No. 64 of 2020 concerning Health
Insurance certainly raises question marks in the community. This regulation
emerged after the Supreme Court's Decision on Presidential Regulation No. 75 of
2020 which has the same substance, namely the increase in BPJS contributions.
Presidential Regulation Number 64 of 2020 is considered to have violated the
Supreme Court's decision and the laws above it. Therefore, the purpose of writing
thisthesis is: first, why does the President continue to issue Presidential Regulation
No. 64 of 2020 concerning Increases in Health Insurance Contributions while the
Supreme Court has decided Presidential Decree No. 75 of 2019 with Decision No.
7/P/HUM/2020 which contains the same content. . Second, to find out the urgency
of the formation of Presidential Decree No. 64 of 2020.
This research is a normative research. This is based on library research
that takes quotes from reading books, or supporting books related to what the
author isresearching. The data sourcesthat the researcher uses are secondary data
sources consisting of primary, secondary ortertiary legal materials. This study uses
qualitative data analysis and produces descriptive data.
From the results of the research conducted, there are several conclusions
obtained, namely: First, in this case the President has the right to issue a
Presidential Regulation. However, judging from the Supreme Court's decision as
well as the reasons for the rejection of the previous Presidential Regulation, it can
certainly be used as a reason why the President does not need to issue a new
Presidential Regulation which basically contains the same content as the previous
Presidential Decree. In addition, the President must pay attention to the impact and
the current state of society. Second, the reason for the President in issuing this
Presidential Regulation is in stark contrast to the principles of the social security
system, which in the hierarchy should not conflict with the regulations above.
Keywords: Presidential Regulation-Health Insurance-Supreme Court Decision