BPJS Insurance: Untangling the Knots of Gharar and Riba Contracts

Abstract

BPJS insurance is often in the public spotlight regarding its halal-haram status from an Islamic law perspective, this occurs because of the uncertainty or clarity in the management of BPJS insurance. This study aims to examine the contracts in BPJS insurance, especially regarding the elements of usury and gharar, this study also attempts to provide a clearer sharia view of the issue. The approach used in this study is a qualitative approach, with a content analysis method of various relevant literature on BPJS insurance from an Islamic law perspective. Data were obtained through literature studies and analyzed to identify the elements of gharar and usury that exist. The results of this study indicate that BPJS does contain elements of gharar, this is proven by the discovery of new facts through this study that there is uncertainty in services in BPJS insurance and there is less transparent fund management. In addition, elements of usury are also found in BPJS insurance practices, this is proven by the existence of fines for BPJS insurance members who are late in paying their contributions. However, BPJS insurance is still recognized as important for the welfare of the people, so management reform is needed to comply with sharia principles. This study recommends the need for increased transparency, separation of funds, and elimination of riba and gharar elements to ensure compliance with sharia principles.