Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan Dalam Perspektif Hukum Islam Studi Komparasi Komisi Fatwa MUI, DSN-MUI Dan Lajnah Bahtsul Masail NU

Abstract

Health Social Security Agency (BPJS) looks at the same time as ta'awûn insurance, both of which are principled mutual assistance and help among others, but in reality BPJS Health has not made sharia the basis of its management, therefore there is legal controversy regarding BPJS Health. The decision of the MUI Fatwa Commission was of the opinion that the Health BPJS was not in accordance with sharia, it was necessary to establish a Sharia Health BPJS. This opinion contradicted the decision of the Bahtsul Masail Nahdlatul Ulama (LBM-NU) Institution which argued that the Health BPJS was in accordance with sharia and included in the ta'awûn contract, therefore there was no need to establish a Shari'ah Health BPJS. The author agrees with the opinion of the MUI where the Health BPJS is not in accordance with sharia. But the authors argue that there is no need to establish a Sharia Health BPJS, only that there is a need for system improvement and management in the Health BPJS to be in accordance with sharia. This study uses descriptive qualitative research methods with a juridical (syar'i) approach, namely the various problems contained in the study are studied in depth in the study of science al-fiqh, the science of usûl al-fiqih and al-qawâid al-fiqhiyyah. The source of writing consists of primary data and secondary data. The primary data in this study are the Health BPJS Law, Results of the MUI Fatwa Decision, DSN-MUI and the Bahtsul Masail Nahdlatul Ulama (LBM-NU) Institution, as well as the results of interviews with the speakers related to the discussion of this thesis. Secondary data was taken using literature studies of literary works relating to the study of fiqh mu'ammalah, mashlahah mursalah and qawâid fiqhiyyah such as the book al- Muyassar fi 'Ilm al-Qawâid al-Fiqhiyyah by Nûr ad-Din Mukhtâr, al-Qawid al -Kubrâ al-Mausum bi Qawâid al-Ahkam fi Islah al-Anam by Syekh 'Izz ad-Din al-'Aziz' Abd as-Salam, Hasbullah Thabany's National Health Insurance book and Social Security Reform book in Indonesia by Chazali H. Situmorang.