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.
