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Andhika Farhan Mahadi
Andhika Farhan Mahadi Mohon Tunggu... Pelajar Sekolah - Mahasiswa

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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Ilmu Sosbud dan Agama. Sumber ilustrasi: PEXELS

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.

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