Synchronization Of Regulatory Requirements For BPJS Health Card Membership In Registration Of Land Rights Transition Due To Buying And Selling (Case Study Of The Medan City National Land Agency Office)

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Introduction

In the midst of the dynamics of public policy, the issuance of Presidential Instruction Number 1 of 2022 and Circular Number 5/SE-400 HK.02/11/2022 marked a significant change in the process of registration of land rights transition due to sale and purchase. This policy stipulates that the seller must be registered as an active member of the BPJS Health (Health Social Security Organizing Agency). Determination of these new conditions has direct implications for the procedure for land registration, which previously did not require proof of BPJS Health membership.

The process of registration of land rights transition due to buying and selling is a complex and multifaceted issue that involves various stakeholders, including the government, landowners, and buyers. The introduction of BPJS Health membership requirements has added a new layer of complexity to this process, and it is essential to understand the implications of this policy on the registration of land rights. This study aims to explore the synchronization of BPJS Health membership regulations in the process of registration of land rights transitions, the application of BPJS Health membership requirements by the Medan City National Land Agency (BPN), as well as the policy on the implementation of BPJS Health membership implementation.

Methodology

This study uses a descriptive-normative research methodology, which involves the analysis of existing laws, regulations, and policies related to the registration of land rights transition due to buying and selling. The study also uses observations and interviews to obtain data from informants, including officials from the Medan City BPN and landowners who have undergone the registration process. In addition, the study uses literature studies to obtain secondary data that covers various types of legal materials.

Results

The results of the analysis showed several important findings. First, the vertical synchronization between the President's instructions and the applicable laws cannot be carried out because the President's instructions are not a binding legal norm. As a policy, this instruction must be tested through the general principles of good governance (AUPB). On the other hand, horizontal synchronization between Law Number 5 of 1960 concerning Agrarian Principles and Law Number 24 of 2011 concerning the Social Security Organizing Agency shows different substances and is not interconnected.

Second, the Medan City BPN has implemented the BPJS Health membership requirements for the registration of land rights transitions. However, the existence of a circular issued on August 18, 2022, regarding the suspension of implementation showed inconsistencies, because the regulation of additional conditions was not well integrated in the registration procedure. Third, this suspension policy is considered as the right step, given the Presidential Instruction Number 1 of 2022 concerning Optimizing the Implementation of the National Health Insurance Program does not have binding legal force.

Discussion

Based on the theory of legal certainty and legal benefits, the policies contained in the circular do not explain the duration of the suspension, which has the potential to create legal uncertainty and harm the community involved in the process of buying and selling land. The lack of clear guidelines and regulations has led to confusion and inconsistencies in the implementation of the BPJS Health membership requirements.

Conclusion

Overall, this research reflects the importance of better regulation harmonization between BPJS Health policies and land laws, so that the process of registration of land rights to be more transparent and can be accounted for. The researcher hopes that the results of this study can be a consideration for policy makers to develop more integrated and consistent regulations in the interests of the community.

Recommendations

Based on the findings of this study, the following recommendations are made:

  1. Improvement of Regulation Harmonization: The government should improve the regulation harmonization between BPJS Health policies and land laws to ensure that the process of registration of land rights is more transparent and can be accounted for.
  2. Clear Guidelines and Regulations: The government should provide clear guidelines and regulations on the implementation of BPJS Health membership requirements to avoid confusion and inconsistencies.
  3. Training and Education: The government should provide training and education to officials from the Medan City BPN and other stakeholders on the implementation of BPJS Health membership requirements.
  4. Community Engagement: The government should engage with the community involved in the process of buying and selling land to ensure that their concerns and needs are addressed.

Limitations

This study has several limitations, including:

  1. Limited Scope: The study only focuses on the Medan City National Land Agency Office and does not cover other regions or agencies.
  2. Limited Data: The study relies on secondary data and observations, which may not be comprehensive or up-to-date.
  3. Limited Generalizability: The study's findings may not be generalizable to other contexts or regions.

Future Research Directions

Future research should focus on the following areas:

  1. Regulation Harmonization: Further research should be conducted on the regulation harmonization between BPJS Health policies and land laws to ensure that the process of registration of land rights is more transparent and can be accounted for.
  2. Implementation of BPJS Health Membership Requirements: Further research should be conducted on the implementation of BPJS Health membership requirements to identify best practices and areas for improvement.
  3. Community Engagement: Further research should be conducted on community engagement and participation in the process of buying and selling land to ensure that their concerns and needs are addressed.

Q1: What is the purpose of the Presidential Instruction Number 1 of 2022 and Circular Number 5/SE-400 HK.02/11/2022?

A1: The Presidential Instruction Number 1 of 2022 and Circular Number 5/SE-400 HK.02/11/2022 aim to optimize the implementation of the National Health Insurance Program by requiring sellers to be registered as active members of the BPJS Health (Health Social Security Organizing Agency) for the registration of land rights transition due to buying and selling.

Q2: What are the implications of the new conditions on the procedure for land registration?

A2: The new conditions have direct implications for the procedure for land registration, which previously did not require proof of BPJS Health membership. The introduction of BPJS Health membership requirements has added a new layer of complexity to the process of registration of land rights.

Q3: How does the Medan City National Land Agency (BPN) implement the BPJS Health membership requirements?

A3: The Medan City BPN has implemented the BPJS Health membership requirements for the registration of land rights transitions. However, the existence of a circular issued on August 18, 2022, regarding the suspension of implementation showed inconsistencies, because the regulation of additional conditions was not well integrated in the registration procedure.

Q4: What are the benefits of better regulation harmonization between BPJS Health policies and land laws?

A4: Better regulation harmonization between BPJS Health policies and land laws can ensure that the process of registration of land rights is more transparent and can be accounted for. This can also reduce confusion and inconsistencies in the implementation of BPJS Health membership requirements.

Q5: What are the limitations of this study?

A5: This study has several limitations, including limited scope, limited data, and limited generalizability. The study only focuses on the Medan City National Land Agency Office and does not cover other regions or agencies.

Q6: What are the future research directions?

A6: Future research should focus on the following areas: regulation harmonization, implementation of BPJS Health membership requirements, and community engagement. Further research should be conducted on the regulation harmonization between BPJS Health policies and land laws to ensure that the process of registration of land rights is more transparent and can be accounted for.

Q7: What are the recommendations for policy makers?

A7: Based on the findings of this study, the following recommendations are made:

  1. Improvement of Regulation Harmonization: The government should improve the regulation harmonization between BPJS Health policies and land laws to ensure that the process of registration of land rights is more transparent and can be accounted for.
  2. Clear Guidelines and Regulations: The government should provide clear guidelines and regulations on the implementation of BPJS Health membership requirements to avoid confusion and inconsistencies.
  3. Training and Education: The government should provide training and education to officials from the Medan City BPN and other stakeholders on the implementation of BPJS Health membership requirements.
  4. Community Engagement: The government should engage with the community involved in the process of buying and selling land to ensure that their concerns and needs are addressed.

Q8: What are the implications of the study for the community?

A8: The study's findings have implications for the community involved in the process of buying and selling land. The community should be aware of the new conditions and requirements for the registration of land rights transition due to buying and selling. The community should also be engaged in the process of regulation harmonization and implementation of BPJS Health membership requirements.

Q9: What are the implications of the study for the government?

A9: The study's findings have implications for the government in terms of regulation harmonization and implementation of BPJS Health membership requirements. The government should improve the regulation harmonization between BPJS Health policies and land laws to ensure that the process of registration of land rights is more transparent and can be accounted for.

Q10: What are the implications of the study for the Medan City National Land Agency (BPN)?

A10: The study's findings have implications for the Medan City BPN in terms of implementation of BPJS Health membership requirements. The BPN should provide clear guidelines and regulations on the implementation of BPJS Health membership requirements to avoid confusion and inconsistencies.