Interest Dispute Settlement Related to Workers’ Health Care Security in Indonesia

Ari Mahartha,Dewa Nyoman Rai Asmara Putra,Kadek Agus Sudiarawan

doi:10.24843/ujlc.2020.v04.i01.p04

Abstract

The enactment of Law Number 24 of 2011 concerning the Social Security Organizing Body (BPJS Law) has legal implications especially for employers and workers before the enactment of the BPJS Law, the Parties had already agreed that Private Health Insurance as an organizer of workers' health insurance on Collective Labor Agreement (CLA). This condition provides a possibility for the emergence of conflicts of interest. The problem raised in this legal research is how is the regulation concerning the employers' obligations in the health insurance of workers after the enactment of the BPJS Law; what are the legal implications if the CLA in the company before the enactment of BPJS Law has implemented the scheme of Health Insurance for Workers through Private Insurance; and how the legal steps that can be taken in resolving disputes arising related to this matter. This study uses normative legal research methods with a statute approach and a case approach. The result of this research shows that after the enactment of BPJS law, the Employer is obliged to register all of the Workers to BPJS membership as the national provider of health care security system. In terms of double coverage of Workers’ health insurance which impacted the company, the parties could negotiate to amend the CLA based on mutual agreement and good faith. In terms of an interest dispute in implementing the CLA about workers’ health insurance is happening in the future, legal actions that can be taken accordance with the provisions of the Industrial Relations Disputes Settlement Law are bipartite, tripartite disputes settlement through mediation, conciliation, arbitration, and submit a lawsuit to Industrial Relations Court

Highlights

The amendment is in the case of health insurance provided to its employees, after the enactment of the Badan Penyelenggara Jaminan Sosial (BPJS) Law, the Employer is obliged to register himself and all of his Workers in the BPJS for Health membership as implementing social security in the health sector as mandated by the National Social Security Act which was previously organized by PT Askes (Persero)
The mandatory membership of the BPJS for Health for all Employers raises legal implications which between the Employer and the Worker an autonomous law has been applied as an agreement on the terms of work in the form of a Collective Labor Agreement which has stipulated the pattern of health care security coverage using Private Medical Insurance since before the enactment of the BPJS Law
The Employer shall continue to implement the contents of the Collective Labor Agreement, while on the other hand, the BPJS Law instructs the implementation of health security using the BPJS for Health which impacts a double coverage of Workers' health care security which impacts on additional financial burden to be borne by the Employer

Summary

Introduction

Social security is the right of every citizen as mandated in the 1945 Constitution of the Republic of Indonesia (the Constitution of Indonesian).. Social security is the right of every citizen as mandated in the 1945 Constitution of the Republic of Indonesia (the Constitution of Indonesian).1 This constitutional mandate was further regulated into the Law Number 40 Year 2004 concerning the National Social Security System ("NSSSLaw"). Social security which is the target area of the NSSS Law includes health insurance, work accident insurance, old-age pension, public pension, and life insurance. Limited Liability Company (Persero) Workers' Social Security / JAMSOSTEK; b. Limited Liability Company (Persero) Armed Forces / ASABRI Social Insurance; and D.

Methods

Conclusion