ANALISIS YURIDIS TERHADAP SANKSI TIDAK MENDAPATKAN PELAYANAN PUBLIK TERTENTU BAGI MASYARAKAT YANG TIDAK MENDAFTAR SEBAGAI PESERTA BPJS

The emergence of issues related to the imposition of administrative sanctions in the BPJS Law, in the form of sanctions of not receiving certain public services, applied to every individual or the community if they fail to register themselves and their family members as BPJS participants, is considered to be inconsistent with several aspects, namely starting from the authority of BPJS, the 1945 Constitution, and the Public Services Law. Therefore, with the existence of this problem, this research aims to analyze the form of sanctions of not receiving certain public services stipulated in the BPJS Law and the regulations related to the imposition of these sanctions, to see if they are appropriate considering the authority held by BPJS and without violating the rights of the people as citizens as stated in the 1945 Constitution and the Public Service Law. The analysis conducted by the Author uses the normative juridical research method. The results of this research indicate that, firstly, the form of the sanction of not receiving public services imposed on the community does not correspond to the principles of legislative formation, namely the principles of clarity of purpose, enforceability, and utility and effectiveness. Secondly, these sanctions is considered to be contradictory to various regulations governing the authority held by the relevant agencies/officers in the processing of documents listed in these sanctions, such as building permits, driver’s licenses, land certificates, passports, and vehicle registration certificates. Moreover, these sanctions also do not correspond to the rights of the people as citizens as stipulated in the 1945 Constitution and the Public Service Law regarding the right to access decent and quality public services.