Dialysis Patients Ask Constitutional Court to Waive BPJS Kesehatan Premiums for Chronic Disease Sufferers
The Indonesian Dialysis Patients Community (KPCDI) has filed a lawsuit against Law 24/2011 on the Social Security Administering Body (BPJS) with the Constitutional Court. The petitioners are asking the court to waive BPJS Kesehatan premiums for sufferers of chronic diseases.
According to the Constitutional Court’s official website on Tuesday (18/8/2026), the lawsuit is registered under case number 309/PUU-XXIV/2026. In their petition, the applicants challenge the phrase ‘Premium Assistance’ as contained in Article 1 point 7, Article 10 letter c, Article 16 paragraph (1), Article 18 paragraphs (1) and (2), Article 19 paragraphs (3) and (4), Article 43 paragraph (1) letter a, and the elucidation of Article 11 letter h of Law Number 24 of 2011 on the Social Security Administering Body.
The challenged provisions include Article 1 point 7, which defines Premium Assistance as premiums paid by the Government for the poor and underprivileged as participants in the Social Security programme. Article 10 letter c stipulates that BPJS is tasked with receiving Premium Assistance from the Government. Article 16 paragraph (1) requires every person other than employers, workers and premium assistance recipients who meets participation requirements to register themselves and their family members with BPJS. Article 18 paragraphs (1) and (2) govern government registration of premium assistance recipients and their obligation to provide complete and accurate data. Article 19 paragraphs (3) and (4) require non-worker participants who are not premium assistance recipients to pay their own premiums, while the Government pays premiums for assistance recipients. Article 43 paragraph (1) letter a states that Social Security Fund assets derive from social security premiums including Premium Assistance. The elucidation of Article 11 letter h concerns cooperation with other parties regarding premium collection and receipt of Premium Assistance with government agencies, regional governments, state-owned enterprises and regional-owned enterprises.
In their petition, the applicants said there have been many complaints from fellow chronic kidney failure patients regarding disruption of service access, including the inability to pay independent premiums. The applicants said some dialysis patients have fallen behind on premiums due to a change in status from worker to non-worker, meaning they have not yet been classified as premium assistance recipients.
‘This condition generally occurs after patients lose their jobs, experience a decline in economic capacity, or are no longer productive due to the catastrophic illness they suffer. This shows that the constitutional loss experienced by the Petitioner is not assumptive, abstract or hypothetical, but rather real, actual, recurring and has a direct connection with the norm being reviewed,’ the petitioners stated.
The petitioners acknowledged that some kidney failure patients are still able to pay for dialysis. However, they argued that the disease is lifelong, creating a significant potential for patients or their families to experience economic decline due to the severe illness.
‘Based on reasonable reasoning, it is certain to occur. Given that kidney failure is a lifelong condition requiring very substantial treatment costs and supporting medications, a decline in economic capacity (dismissal from work/bankruptcy) is a certainty that will sooner or later be faced,’ the petitioners stated.
In their primary petition, the applicants request the court to declare the phrase ‘Premium Assistance’ in the challenged provisions conditionally unconstitutional unless it is interpreted to mean: ‘Premium assistance is a premium for the health insurance programme administered by BPJS Kesehatan and paid by the Government for all Indonesian citizens other than employers and workers as participants in the Social Security programme.’
In their alternative petition, the applicants request the phrase be interpreted to mean: ‘Premium assistance is a premium for the health insurance programme administered by BPJS Kesehatan and paid by the Government, including for citizens who are unable to pay premiums due to chronic illness, catastrophic illness, job loss, loss of income or medical-economic vulnerability conditions that cause disruption of access to essential health services.’ The petitioners also request that the court order the publication of its ruling in the State Gazette of the Republic of Indonesia.