Expert Meeting and Simulation of Dispute Resolution Hearing
Legal Experts commence drafting the Standard Operating Procedures for the new Alternative Dispute Resolution Mechanism of the Ministry of Justice
Simulation of the alternative dispute resolution hearing between the Ministry of Health and BPJS.
HSF
Harmonization of Laws
In 2017 a new regulation gave additional powers to the Ministry of Justice and Human Rights with a view to the harmonization of national laws and regulations. The ultimate goal is to install a dispute resolution mechanism that helps to harmonize laws and reduces conflicting norms on the national level. Currently, many contradicting rules and regulations exist. For the implementing agencies it is not always clear which rules have to be followed. This oftentimes leads to confusion and intransparency. The Hanns Seidel Foundation was approached by the Ministry of Justice, which requested support for its effort to implement the new regulation. On this basis, HSS funded an expert meeting and simulation workshop in Bogor on May 24th to May 26th.
Simulation of a Hearing under Regulation 32/2017
The Hanns Seidel Foundation supported the Ministry of Law and Human Rights in the process of carrying out a simulated dispute resolution hearing in a real case concerning the Ministry of Health and BPJS, the Public Health Insurance Implementing Body. BPJS is a legal entity that is directly responsible to the President and has the duty to organize the national health insurance for all Indonesian people.
Experts from BPJS (Public Health Insurance Implementing Body)
HSF
During the workshop a session was held related to the Ministry of Health's report to the Ministry of Law and Human Rights regarding the accusation that BPJS exceeding its authority under the relevant regulations. BPJS was considered to have exceeded its authority to make new regulations in the respective field of health insurance. Both parties were given the floor to explain their standpoint to a panel of the Ministry of Justice, including also independent legal experts.
Drafting of Standard Operating Procedures
After the hearing the experts of the ministry and eight independent academic experts from leading law faculties in Indonesia worked on the draft of standard operating procedures (SOP) for the newly installed dispute resolution mechanism. The goal is to standardize the procedure, so that the mechanism is fair and transparent for all parties. Most rules of the SOP were agreed upon at the workshop. However, another meeting will be needed to finalize the draft and work on some unresolved issues.