Legal Policy on Health Care Services For Underprivileged Communities in Indonesia

Abstract

Access to healthcare services constitutes a fundamental right enshrined in the Constitution of the Republic of Indonesia. Despite this guarantee, underprivileged communities encounter persistent barriers to adequate healthcare, including economic hardship, geographic isolation, insufficient healthcare infrastructure, and disparities in service distribution. This study analyzes the legal policies that govern healthcare services for underprivileged communities in Indonesia and evaluates their effectiveness in promoting equitable healthcare access. Employing a normative legal research method, the study utilizes statutory and conceptual approaches to examine key legal instruments, such as the 1945 Constitution, Law Number 17 of 2023 on Health, Law Number 40 of 2004 on the National Social Security System, and Law Number 24 of 2011 on the Social Security Administering Body. Data were gathered through a literature review of legislation, academic publications, and policy documents, and analyzed using qualitative descriptive methods. The findings indicate that Indonesia has developed a comprehensive legal framework to safeguard the right to health, notably through the National Health Insurance Program (JKN) administered by BPJS Kesehatan. However, the effectiveness of these policies is limited by unequal healthcare infrastructure, shortages of healthcare personnel, administrative inefficiencies, and insufficient public awareness of healthcare regulations. The study concludes that enhancing legal implementation, upgrading healthcare facilities, improving intergovernmental coordination, and broadening public access to health information are critical for achieving equitable healthcare services and fulfilling the constitutional right to health for underprivileged communities. This research contributes to the discourse on health law and public policy by offering a comprehensive legal analysis of healthcare protection for underprivileged communities and emphasizing the necessity of strengthening policy implementation to realize equitable healthcare access and social justice in Indonesia.