Aspek Hukum Pidana atas Tidak Dibayarnya Hak Pensiunan Karyawan PT Asuransi Jiwasraya (Persero)

Abstract

PT Asuransi Jiwasraya (Persero) is the oldest insurance company owned by a stateowned enterprise whose business license has been revoked by the Financial Services Authority (OJK) through the Decree of the Members of the Board of Commissioners of the Financial Services Authority Number KEP-9 / D.05 / 2025 dated January 16, 2025. This dissolution raises concerns among retirees regarding the fate of their pension funds because the Jiwasraya DPPK is experiencing a deficit and alleged fraud. The problem in this thesis entitled Criminal Law Aspects of Non-Payment of Pension Rights of Employees of PT Asuransi Jiwasraya (Persero) is whether there is a criminal act in the case of non-payment of pension rights of employees of PT Asuransi Jiwasraya (Persero)?, how is the criminal liability for non-payment of pension rights of employees of PT Asuransi Jiwasraya (Persero), how is the handling of alleged criminal acts in the problem of nonpayment of pension rights of employees of PT Asuransi Jiwasraya (Persero)?. This research was conducted using a normative method, with two approaches, namely the statutory approach and the case approach using secondary data, then the data was analyzed qualitatively to answer the problems in this paper. The results of this study found that the legal regulations related to employee pension rights are regulated in Law Number 11 of 1992 concerning Pension Funds. The regulation of corporate criminal liability is not regulated in Law Number 1 of 1946 concerning the Criminal Code but is regulated in Law Number 1 of 2023 concerning the Criminal Code starting from Article 45 to Article 50. In the end, based on the results of this study, it was concluded that the handling of alleged criminal acts in the problem of non-payment of employee pension rights of PT Asuransi Jiwasraya (Persero) is by criminalizing the act of non-payment of employee pension rights into a new criminal offense and implementing a complaint system and whistleblower protection for employees if the employee is aware of irregularities within the company.