PHM-Exch> SUPPORT INDONESIAN AGAINST THE SOCIAL PROTECTION BUSINESS SYSTEM

[Claudio Schuftan]

   From:    dkrnasional at yahoo.com


1. This is Our Joint Petition Opposing The Social Protection Bussiness Bill
(UU No 40/2004 Tentang SJSN) In Indonesia Which Support more than 500
organization around Indonesia.

2.This bill made by the ADB, WB Support with supported by some Germany
funding Agencies.

3. This Bill will use as a model that will implement in some asian
countries.

4. We Judicial Review The Bill of Social Protection Bussines In The
Indonesia Supreme Court right now, and we need your support

5. Please reply this email as your support to us.Please  Put Your name and
organization, that we will put to the open letter to The President of
Indonesia and Teh Supreme Court.

6. Please also distribute and circulate this petition to all international
friends and contact
-------------------------------web warouw


*KOALISI JAMINAN SOSIAL *

*PRO-RAKYAT*

*Sekretariat Bersama :  Jalan Cisanggiri V/ 5, Kebayoran Baru, Jakarta
Selatan, 12170  *

*Telp/Fax (62-21) 727-92922, dkrnasional at yahoo.com** *

* *

* *

* *

*To:*

*His Excellency*

*President of Republic of Indonesia*

*Soesilo Bambang Yudhoyono*

*In Jakarta*

* *



*Joint Petition*

* *

*Ensure Jamkesmas (People’s Health Security) *

*for All People! *

*Immediately Realese  Alternative Bill for Jamkesmas!*



Currently, draft Bill of Social Security Providers (RUU BPJS) is under
discussion at the House of Representative to be proposed to government of
Indonesia. This  Draft Bill of Social Security Provider will regulates the
administrator of Bill No 40/2004 which has colonial attitudes, that it
obligates all citizen of Indonesia to pay the premium and obligates employer
to charge the premium to the labours.



However, since 2008 the Government of Indonesia, Cq. Ministry of Health has
implemented a program called People’s Health Security (Jaminan Kesehatan
Masyarakat – Jamkesmas) which provides free of cost’s health services to
76,4 Millions poor and almost poor people all over Indonesia. The health
services cover all illnesses or diseases at all primary health services
(Pusat Kesehatan Masyarakat – Puskesmas) and all government-owned hospitals
in Indonesia



Unlike insurance system which still collects premium and regular fees,
within Jamkesmas system – which is not an insurance – the government pays
for all the needed costs for medical treatment of patients. Therefore, the
patients are not charged anymore with the fees, for out-patients or
in-patients services at the 3rd Class treatment; it also applies on all the
medicines, hospital equipments, doctor’s consultation and all medical
interventions.



The policy and program of Republic Indonesia’s President Soesilo Bambang
Yudhoyono with his Minister of Health at that time, DR. Dr Siti Fadilah
Supari, Sp. JP(K) is the first of its kind since Indonesia’s independence –
that the government seriously holds the responsibility of directly funded
people’s health services in the middle of stronger influence of
neoliberalism, which has promoted privatization in all sectors and has
impoverished people.



Obviously, this program has assisted many people who have already suffered
quite some times in facing expensive/out-of-reach medical treatment at the
hospitals. Millions of lives have been saved from deaths caused by
communicable diseases, chronic and degenerative diseases and natural
disaster victims



In this program, standardization of hospital costs is assured and it
encourages the implementation of standardized costs of medical treatment.
Payment using capitation system to Primary Health Centres/Puskesmas ensures
that public health services are improved from village up to sub-district
level. Deposit payments are given to hospitals even before they treat
patients. Every hospital’s claims is paid directly to the hospital. All of
the payment process is not done by Ministry of health, but it is paid
directly from the State’s Treasurer to the hospitals to prevent corruption

* *

* *

*Indonesia**’s Work Force*

BPS data in May 2010 shows that the amount of Indonesia’s workforce in
Februaty 2010 reached 116 Millions people. The number of working people in
Indonesia in February 2010 reached 107.41 Millions people.



The level of open un-employment in Indonesia in February 2010 reached 7.41%.
The reducing numbers of employment of the work force occurred in Agriculture
sector, around 200,000 people (0.47%) and Transportation sector, around
130,000 people (2.19%).



In February 2010, number of population who are employed as labours/employees
is 30.72 Millions people (28.61%), temporary labours is 21.92 Millions
people (20.41%) and number of self-employed is 20.46 millions people
(19.05%)



In February 2010, the number of workers with Elementary education level and
below is still high, around 55.31 Millions people (51.50%), while workers
with diploma degree is 2.89 Millions people (2.69%) and workers with
Bachelor degree is only 4.94 Millions people (4.60%)



Meanwhile, up to September 2009, there was 27.2 Millions labours entrusting
fraction of their salary to PT Jaminan Sosial Tenaga Kerja (PT Jamsostek – A
Government-owned Work Force Social Security Company).  PT. Asuransi
Kesehatan (PT Askes – another Government-owned Health Insurance Company) up
to the end of 2009, was successful in attaining premium with the amount
around 4 Trillions Rupiah from 16.2 Millions civil servants and retired
civil servants in Indonesia. Amount of premium collected from the salary of
civil servant is 30,000 Rupiahs per person per month.



However, the services provided for labours and civil servants are far less
than the ones received by poor people under Jamkesmas program. These two
government-owned companies do not provide 100% free-of-charge services for
health financing of the labours and civil servants. In addition, not all
diseases are covered by PT Askes and PT Jamsostek.





*I. Problems*

Although Jamkesmas program has already been implemented, various problems
are facing pro-people’s health services especially if Draft Bill of Social
Security Provider (BPJS Bill) is legalized and National Social Security
System Bill (SJSN Bill) no. 40/2004 is implemented.



If BPJS Bill and SJSN Bill no. 40/2004 are implemented, then the free of
charged services for poor and nearly poor people through Jamkesmas program
would be removed by insurance system within SJSN Bill no. 40/2004, because
all citizen – including labours – will be obliged to pay for the premium



*State will collect premium from its people*

In the content of National Social Security System Bill (SJSN Bill) No
40/2004, article 17 verse (1) regulates the obligation of every people to
pay for insurance’s premium. *“Every participant is obliged to pay for
regular fees whose amount will be defined based on percentage of wages or a
certain nominal” *

* *

This article has the potential to violate the rights of every citizen.  It
clearly contradicts to the Article 28 verse (4) Second Amendment 1945
National Constitution “*protection, endorsement and fulfilment of human
rights is responsibility of the state, especially the government”*

* *

In addition, Article 8 of Bill no. 39 year 1999 about Human Rights, also
states that “*protection, endorsement and fulfilment of human rights
especially become responsibilities of the Government*”

* *

*Article 71 of Bill no 39 year 1999 about Human rights, *defines that*
“**government
is obliged and responsible to respect, to protect, to fulfil and to endorse
human rights which are regulated in this Bill, other Bills and international
law regarding human rights which are ratified by Republic Indonesia”*

* *

*Artice 72 of Bill No. 39 year 1999 about Human Rights,* states *“Obligations
and responsibilities of the Government as defined in article 71, include
effective implementation in the areas of law, politics, social, culture,
national security and other areas” *



*The State formalizes oppressions to the labours*

Secondly, in article 17 verse (2) National Social Security System Bill (SJSN
Bill)  No 40/2004 it highligts *“Every employer is obliged to collect levy
from their employees’ wages, additional to employer’s obligated regular levy
and to pay these levies regularly to the administrator of this National
Social Security System”*

* *

In fact, this article is intended to hand out the roles and responsibilities
of the State to secure the people to the sholder of its citizen and private
sectors, who are the employ the workers.

* *

Therefore, the state allows and legitimates these practices of collecting
fees by companies to their employees, which certainly will burden and will
further intimidate the labours, just like the system which currently has
already been implemented until now. In fact, the current labour’s levy which
administered by a government-owned insurance company – JAMSOSTEK (Social
Security for Workers), is proven to burden the labours, especially those who
have low wages. These levies collected from labours are not democratically
and transparently managed. The Insurance companies utilize these worker’s
funds for their business requirements, with no proven benefits are being
disbursed back to the workers.



Almost half of Indonesia’s workers are poor labours, with the current
average wage and number of family member within the household, more than 45%
of labour’s household living under US $ 2 per day per capita



* *

*II. The Way out for People’s Health *



The urgent way out for improvement of people’s health is through
re-orienting development of people’s health to the responsibility and
obligation of the government in line with 1945 National Constitution Article
28 H, which states “*every people has the rights to well-being - physically
and emotionally, to livelihood and to safe and healthy environment, also to
obtain health services*”



Responsibility of the state and government to directly manage people’s
health problems, especially for poor people, is also declared in 1945
National Constitution Article 32, which states “*Poor people and neglected
children are taken care by the State*”



In order to execute the 1945 National Constitution, State and the government
needs to completely take charge of tasks in providing health services, by
conducting strategic policies:



*1.*      *Alternate Bill of Jamkesmas*

To ensure State’s obligation, there is a need for the government to
immediately address health problems strategically by postponing discussion
of Draft Bill of National Social Security Provider (RUU BPJS) and by
delaying the implementation of Bill no. 40/2004 about National Social
Security System (SJSN Bill). As the replacement, the government needs to
immediately launch Alternate Bill (*peraturan pengganti Undang-Undang –
Perpu*) of Jamkesmas which will become the legal shield for Jamkesmas
program implementation before a definite and stronger Bill is produced



Management of Jamkesmas Program should be administer by the government, in
this case by Ministry of Health and its counterparts, local health offices
at provincial and districts’ level who are responsible to oversee people’s
health

Funding allocation of Jamkesmas funds should be managed by State’s
Treasurer, which then will be disbursed directly to Puskesmas/Primary Health
Centres and Hospitals utilizing capitation or billing system



*2. Allocating 24 Trillions Rupiahs*



Government needs to decide pro-people’s budget policy by providing budget
allocation from National Budgetting with the amount 24 Trillions rupiahs per
year. This amount will cover medical expenses for all citizen of Indonesia
so that people can access free medical services in all Primary health
centres/Puskesmas and 3rd class of government-owned hospitals in Indonesia
for all illnesses.



The amount 24 Trillions Rupiahs is based on the calculation of premium which
needs to be covered by government Rp. 8,000/people x 12 months x 240
Millions people = Rp. 23, 040 Trillions; rounded up to Rp. 24 Trillions to
cover degenerative diseases like Thalasemia, other cancer, autism and mental
illnesses *(DKR, 2010)*



This funding policy will also conclude the issues around non-valid
data-collection of poor people which have happened all this time with the
beneficiaries of Jamkesmas Program. Therefore,  there is no more need to
produce and distribute Jamkesmas card, that already consumes a lot funding
which has been corrupted by local up to national government staff and also
by the third party entrusted to manage the production of Jamkesmas’ cards.



This policy will also discontinue the levy instigated to labours and
workers’ wages – which also creates further burdens to them - by
government-owned insurance companies; but also who have neglected patients
because these companies do not want to pay for the medical charges and could
not be applied in all hospitals.



Furthermore, this policy can end the corruption of local budgeting in
various provinces or districts who apply Local health security system
(JAMKESDA)  with insurance system. This system collects premium and regular
fees from the community, which is assembled by an established administrator
or in collaboration with insurance company for profits



For other citizens who can pay for health insurance and who want
value-for-money health services, can complement Jamkesmas by enrolling in
any health insurance programs.   The government does not need to prohibit
private insurance or government-owned insurance companies to administer
health insurance services as part of their profit making. However, the
governmet cannot give away and hand over the health of Indonesia’s people to
become source of business for insurance companies.





*III. CONCLUSION*

* *

Compared to USA, Indonesia has implemented Jamkesmas (People’s Health
Security) Program since 2008 which covers 76,4 Millions poor and almost poor
people. Only in 2010, USA finalized its Healthcare Bill which stated the
State responsibility to manage the health of its 40 Millions poor people and
to regulate insurance companies not to neglect poor people, so that
hospitals could not reject patients anymore.  The success of Obama, which
has changed liberal paradigm into that health becomes responsibility of the
state in US, should further encourage government of Indonesia in generatings
its health policy which covers all of Indonesia’s citizen; Not on the
contrary – to withdraw state’s responsibility and to hand it over to the
third party as the Social Security Provider.



Holding on 1945 National Constitution will need courage and profound
willingness of the government to generate Alternative Bill of Jamkesmas,
with provision of 24 Trillions Rupiahs per year – so that the government can
continue Jamkesmas Program which is currently managed by the Ministry of
Health



*No more insuring the people, so that there are no more leakage and no more
people’s suffering! Without assurance on the free medical services for all
people, it is impossible for this country to be healthy and strong for its
development, not even to compete in the globalization!*



*Stop insuring the people, so there will be no corruption to the public fund
while the peole suffer from illness. ***

* *

*Kindly Regards, *



*Koalisi Jaminan Sosial Pro-rakyat (Pro-People’s Social Security Coalition)*

Contact Persons: Hermawanto,SH (0815-8853056), Agung Nugroho
(0818-07900218), Salamuddin Daeng (0818-05264989), Marlo Sitompul
(0817-536137), Dominggus Kiik (0816-811823), Web Warouw (08176611770),
Nining Elitos (0813-1733801), Sastro (081210590010)





* *

*NO*

* *

*NAMA*

* *

*ORGANISASI/INSTANSI*

*1*

H. Ongko P

SP-YKK

*2*

Rizki

Persatuan Rakyat Pekerja – Jakarta Pusat

*3*

Iduh

SP Pos Giro BUMN/SPPIR

*4*

Virawan Guntoro

FSP BUMN Bersatu/SPPIR

*5*

Ainur Rofiq

FSP BUMN

*6*

Agus HP Prasetyo

SP TPK Koja

*7*

Salamuddin Daeng

Institute For Global Justice/IGJ

*8*

Web Warouw

Dewan Kesehatan Rakyat (DKR)

*9*

Marlo Sitompul

Serikat Rakyat Miskin Indonesia

*10*

Dominggus O. Kiik

Front Nasional Perjuangan Buruh Indonesia (FNPBI)

*11*

Hermawanto, SH

Koalisi Jaminan Sosial Pro Rakyat

*12*

Jakobus E. Kurniawan

Pergerakan Indonesia (PI)

*13*

Asep firdaus

Gema Nusantara

*14*

Ahmad Maulana

Ilalang

*15*

Mohammad Mursid

Forum Pemuda Ahlul Bait

*16*

Yamandidu

Front Nasional

*17*

Haris Rusli Moti

Petisi 28

*18*

John Mempi

Doekoen Coffee

*19*

Ust. Umar Abduh

CeDSos

*20*

Benhard Nababan

Rekan Bumi

*21*

Desi Arisanti

Front Nasional Perjuangan Buruh Indonesia (FNPBI)

*22*

Data RB

Partai Rakyat Demokratik (PRD)

*23*

Asep Salmin

Persatuan Rakyat Pekerja (PRP)

*24*

Hatsa Mashirul

Forum Kepemimpinan Pemuda Indonesia- FKPI

*25*

Gigih Guntoro

Forum Kepemimpinan Pemuda Indonesia- FKPI

*26*

Parto

Konfederasi Aksi Buruh Seluruh Indonesia (KASBI)

*27*

Arief Puoyono

FSP BUMN Bersatu

*28*

Aan Rusdianto

REKAN BUMI

*29*

Agung Nugroho

DKR Jabodetabek

*30*

Donald Haipon

DKR Papua Barat

*31*

Khamid Istakhori

KONGGRES ALIANSI SERIKAT BURUH INDONESIA (KASBI)

*32*

M. Suharto

FKWGB

*33*

Vincentius

BANG JAYA

*34*

Tutut Herlina

DKR Jakarta Pusat

*35*

Darsono

SPPIR – Jakarta

*36*

Ramdhani

SPSI-KTMM

*37*

Agustriono

SPPIR

*38*

Saryanto

SPPIR

*39*

Roy Bagalatu

LPHOM

*40*

Yusman

Warga Gunung Sahari-Jakarta

*41*

Singkir

SP TPK KOJA – Jakarta

*42*

Najamuddin

DKR Bogor

*43*

Roy Pangharapan

DKR Kota Depok

*44*

Revitriyoso Husodo

Front Kebudayaan Nasional

*45*

Hari Sutanta

SKEPHI

*46*

Okky Satrio Djati

SOLUSI NUSANTARA

*47*

Standar Kia

SERIKAT KONSTITUENT INDONESIA (SAKTI)

*48*

Faisol Riza

Staff Khusus Menakertrans

*49*

Raharjo Waluyo Jati

VOICE OF HUMAN RIGHT

*50*

Letjen (Mar) Suharto (Purn)

GMLL

*51*

Widy Wahyu Widodo
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