Abstract
Within the framework of sovereign country under the Constitution of 1945, the regulation concerning social security stated in Article 28H paragraph (3) and article 34 paragraph (2). Social security is also guaranteed under the Declaration of Human Rights Year1948 and confirmed in ILO Convention number 102 in 1952 that urge all countries to give maximum protection to labors. As continuation of those regulations, a national system of social security has been formed to result integrated and vast social protection. Transformation of labor security from JAMSOSTEK (Social Protection for Labors), ASKES (Health Insurance) to a mergence called BPJS (Social Security Administrative Body) has been a reforming step that gives legal implication to the rights and responsibility of its stakeholders. The policy of social security system, then demanded that the body is divided into two main different tasks: Health Security Administrative Body (BPJS Kesehatan), Labor Security Administrative Body (BPJS Ketenagakerjaan). This distinction leads to the conversion of membership, programs, asset, liability, workers, right, responsibilities, as well as the addition of a new program called pension security, especially within the framework of Labor Security Administrative Body. This is, in short, to pursue an integrated and inclusive administration of social security.
Highlights
Introduction and literature ReviewSocial Security is a program knowledgeable and exercised in almost all nations of the world
2 Objective of the study The questions of the research are as follows: “How is the social security in Indonesia regulated?” “How is the transformation process of PT JAMSOSTEK to Health and Labor Security Administrative Body (BPJS Kesehatan dan Ketenagakerjaan)?” “What are the legal implications of such transformation? “
In compliance with the state’s financial strength, Indonesia as many other countries has developed social security program based on the funded social security, whose membership is still limited on working society of formal sectors
Summary
Social Security is a program knowledgeable and exercised in almost all nations of the world. This shows that the existence of social security is fundamental, for both the perseverance of a country, and the prosperity of its people.[1] Social security is an essential right that must be fulfilled by a country as part of its constitutional responsibility. The policy of social security system is to transform its former administrative bodies that were JAMSOSTEK and ASKES into newly administrative bodies called Health Security Administrative Body (BPJS Kesehatan) and Labor Security Administrative Body (BPJS Ketenagakerjaan) The transformation of such administrative bodies will be continued with the conversion of membership, programs, asset and liabilities, workers as well as right and responsibilities. Regulation of BPJS does not clearly prescribed whether this term of dismissal and transfer is valid for other companies like PT ASABRI (Persero) and PT TASPEN (Persero).[5]
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