The Management of Health Insurance Rights for Indonesian Migrant Workers Abroad in the Perspective of the Constitutional Rights of Citizens

Indonesia is a country which protects and respects the human rights in all aspects of life. The human right is a basic
right of human beings which is regulated in the constitution. The granting of health insurance is an effort to make the
citizens reach prosperity. The concept of state welfare does not only include the description of the method in
organizing welfares or social services, yet it is also a normative concept or a system of ideal approach which
emphasizes the fact that every citizen must receive their right to social services. The protection of social insurance
for Indonesian citizens is stated in the Mandate of the 1945 Constitution, article 28 H paragraph 3.
Apart from that, the granting of social insurance for migrant workers are regulated in the Constitution No. 18 year
2017 on the protection of Indonesian migrant workers, which regulates the existence of health insurances for the
migrant workers before, during, and after having worked overseas. Since there are still undergoing problems which
inhibit the management of the social insurance grants for the citizens, automatically, the social insurances for
Indonesian migrant workers overseas cannot be executed optimally. Each Indonesian migrant worker abroad has the
obligation to pay for the social health insurance contributions. In its implementation, the migrant workers cannot
receive facilities from that health insurance, which is an element of the constitutional rights.