Pandangan Hukum Islam terhadap pengelolaan Dana Badan Penyelenggara Jaminan Sosial (BPJS) Kesehatan

Abstract

BPJS is a legal entity formed to organize a social security program to guarantee everyone's constitutional right to social security that allows the development of himself as a whole as a useful human being and as an implementation of the Constitutional duty of the State to develop a social security system for all people and empower the weak and incapacitated people in accordance with the dignity of humanity. This research is a literary study with a phenomenological approach. The research data was collected by searching the literature and then analyzed by the conten analysis method. The conclusion of this study is that BPJS Kesehatan participants' understanding of DJS payments / premiums for tabarru' is caused because they do not know the contracts that apply at BPJS Kesehatan correctly. This understanding does not affect the validity of the contract because what is the benchmark for the contract is its purpose and meaning, not its pronunciation or form. In addition, contemporary scholars view the existence of freedom of faith as long as it does not contain usury and gharar