Sinkronisasi Pengaturan Syarat Kepesertaan Kartu BPJS Kesehatan Dalam Pendaftaran Peralihan Hak Atas Tanah Karena Jual Beli (Studi Kasus Kantor Badan Pertanahan Nasional Kota Medan)

Abstract

The issuance of Presidential Instruction Number 1 of 2022 and Circular Letter Number 5/SE-400 HK.02/11/2022 indicates that the registration of land title transfer as a result of sale and purchace requires the seller to be registered as the active member of BPJS Kesehatan (Social Security Administrator for Health). Thus, this policy adds the new requirement in the land registration. The research alms to find out the regulation synchronization of BPJS Kesehatan membership in the registration of land title transfer as a result of sale and purchase, the implementation of membership requirement of BPJS Kesehatan by the National Land Agency Medan, and the suspension of BPJS Kesehatan membership implementation. This is descriptive-normative research which is supported by observation with informants using interview guideline. This reseach is conducted through library research to obtain secondary data that includes of primary, secondary and tertiary legal materials, as well as through document study. Data obtained are analysed qualitatively. The result indicates that, firstly, vertical synchronization cannot be carried out since the Presidential Instruction is not the provision of law but a policy which can be tested through the General Principles of Good Governance (AUPB). Meanwhile, the horizontal syncronisation between the Law Number 5 of 1960 on Basic Agrarian Law and Law Number 24 of 2011 on Social Security Administrative Body contains different and uncorrelated substances. Secondly, the National Land Agency of Medan City has implemented the requirement for BPJS Kesehatan active membership in registering the land title transfer as the result of sale and purchase. However, a circular letter, issued on August 18th 2022. regarding suspension of implementation, reflects an inconsistency since the regulation for the additional requirement is not syncronized in the registration of land titile transfer as a result of sule and purchase, Thirdly, the policy for suspension is a correct action to take because the Presidential Instruction Number 1 of 2022 on Optimalization of the Implementation of National Health Security Program does not have binding legal force. Based on the theory of legal certainty and theory of legal benefit, the policy stipulated in the circular letter does not state the length of suspension so it leads to legal uncertainty and benefit