Jurnal Hukum Volkgeist https://doi.org/10.35326/volkgeist.v6i1.1548 Vol. 6 No.1, December 2021 69 Legal Protection for unregistered citizen at Healthcare and Social Security Agency (BPJS) Andi Nur Awaliah Ramadhani 1* , Zulkifli Aspan 1 , Muh. Hasrul 1 1 Faculty of Law, Hasanuddin University, Indonesia *Correspondence: anurulandi@gmail.com ARTICLE HISTORY ABSTRACT Received: 27.10.2021 Accepted: 24.12.2021 Published: 27.12.2021 Despite the reality that the JKN program is necessary for all Indonesian residents, there are still individuals who have not enrolled as JKN members. The purpose of this research is to evaluate and explain the application of individual health services and the government's impediments to citizens receiving legal protection under the BPJS health health social security system. The research approach adopted is one of normative legal research. A descriptive legal approach was adopted in the assessment process. According to the findings of this study, the application of individual health services in the framework of legal protection for people who are not enrolled in the BPJS Health social security system is restricted to the supply of health facilities. The state does not offer legal protection in the form of duty for delivering health care, because individuals who are not enrolled as BPJS Health participants will be registered as general patients, requiring them to pay for treatments individually or through private insurance. While the idea of BPJS Health as given in the BPJS Law requires everyone to register for BPJS Health, BPJS Health still has several inadequacies, which causes some individuals to be hesitant and unwilling to register as BPJS Health participants. The government cannot claim that the lack of legal protection in health services is the responsibility of those who do not register as BPJS Health participants, because this is a result or implication of the numerous deficiencies in health services that continue to employ BPJS Health. Keywords: Legal Protection; Citizen; BPJS ARTICLE LICENCE Copyright © 2021 The Author(s): This is an open-access article distributed under the terms of the Creative Commons Attribution ShareAlike 4.0 International (CC BY-SA 4.0) 1. Introduction Social security that enables individuals to grow is one of the fundamental rights proclaimed in the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945) as the highest regulatory hierarchy. This is expressed in paragraph (3) of article 28H, which states that everyone has the right to social security that enables his or her complete development as a dignified human being. Furthermore, the development of the social security system has also been regulated in Article 34 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. The State develops a social security system for all people and empowers the weak and incapable in accordance with human rights dignity. The declaration of constitutional social security as a universal right is a response to the 1948 United Nations Declaration on Human Rights. Indonesia accepted the declaration, which establishes that everyone has the right to social security in the case of unemployment, disease, disability, inability to work, widowhood, or old age. In order to comply with the United Nations Declaration on Social Security Rights, ILO Convention No. 102 of 1952 suggested that all nations offer fundamental protection to all citizens (Tim Kecil Pokja, 2020). As part of the process of creating social security and following the mandate of the Republic of Indonesia's 1945 Constitution, Law No. the spirit of recognizing social security as a right of all people to receive a social "feeling of security" from birth to death. This is to ensure that the fundamental necessities of a decent existence are met and to enhance dignity in order to realize an Indonesian society that is prosperous, just, and prosperous(Sulastomo, 2011). According to the requirements of Article 1 paragraph (1) of Law No. 40 of 2004 on the National Social Security System, Social Security is a kind of social protection designed to ensure that all individuals may meet their fundamental necessities for a dignified existence (NKRI, 2004). Additionally, Article 1 paragraph (2) of the SJSN