Implementation of Health Law in Ensuring the Social Welfare of Indonesian Society

Abstract

Health is a fundamental human right and a constitutional guarantee under Article 28H of the 1945 Constitution of the Republic of Indonesia, reinforced by the recent enactment of Law No. 17/2023 on Health and Presidential Regulation No. 82/2022 on National Health Insurance (JKN). This study examines the implementation of health law in ensuring social welfare and equitable access to healthcare services for Indonesian citizens. Despite progressive regulations, significant challenges remain due to policy fragmentation, unequal access, and persistent healthcare financing gaps.

Using a descriptive, qualitative, and normative legal research method, this study analyzes primary legal sources, secondary literature, institutional reports, and statistical data to evaluate the alignment between normative ideals (das sollen) and empirical realities (das sein). The findings reveal that, normatively, health law guarantees universal access to healthcare, sustainable financing, and equal service quality nationwide. However, in practice, 23.1 million citizens remain uninsured under JKN, healthcare facilities are unevenly distributed, and BPJS Kesehatan continues to face budgetary deficits (BPJS Kesehatan, 2023).

The novelty of this research lies in its integrated legal-policy analysis, combining the latest regulations with an evaluation of Indonesia’s commitment to achieving Universal Health Coverage (UHC) under the Sustainable Development Goals (SDGs) 2030. The study highlights the urgency for regulatory harmonization, expansion of JKN coverage, and strengthening of legal enforcement mechanisms to bridge the gap between das sollen and das sein.

The research concludes that while the existing legal framework provides a solid foundation, its implementation remains fragmented and inequitable. Effective policy innovation and stronger institutional coordination are essential to ensure that health law genuinely contributes to social welfare and the realization of the right to health for all citizens.