Pertanggungjawaban BPJS Ketengakerjaan Terhadap Penyelenggaraan Jaminan Sosial Bagi Peserta Eks Jamsostek

Abstract

Social Security Law and the Law BPJS give meaning of the word "transformation" as a change in the form of BUMN Persero which organizes social security programs, a BPJS. Changes in body shape significantly change the characteristics of social security as an adjustment to change the philosophy of the organization of the social security program. Changes characteristic means a change of the legal entity that includes the establishment, scope of work and authority of the body which in turn is followed by changes in the organizational structure, working procedures and organizational culture. BUMN Persero social security consists of PT. (Persero) Askes, PT. (Persero) ASABRI, PT. (Persero) Jamsostek, PT. (Persero) TASPEN. Privat fourth is a legal entity established pursuant to Law No. 19 of 2003 on SOE governance and subject to the provisions stipulated in Law No. 40 Year 2007 regarding Limited Liability Company. SOE transformation Persero be BPJS aims to fulfill the mandate of the funding principle and the principle of non-profit SJSN, where the funds collected by BPJS is a trust fund managed by BPJS participants to provide maximum benefit for the participants. The problems that arise, namely: Regarding the legal consequences for former participants to shift the management of PT Jamsostek. Jamsostek (Persero) to BPJS Employment; Regarding the responsibility of the participant ex BPJS Employment Social Security; and legal action can be done if the rights of participants are not met by the former Social Security Employment BPJS related transition PT. Jamsostek (Persero) into BPJS Employment. This research is legal normative descriptive analytical research. Using the method of data collection by the research literature that collect data derived from books, legislation, scientific journals, and magazines related to BPJS and the Social Security (Social Security System), an agreement of international labor (ILO) as well as Law No. 13 Year 2003 on Manpower. Interviews were also conducted to obtain secondary data. Source data using secondary data consists of primary legal materials, secondary law, and tertiary legal materials. Then analyzed using qualitative analysis method, abstractive, interpretive. The results showed that: The legal consequences arising from the transition PT. Jamsostek (Persero) into BPJS Employment, namely: First, BPJS Employment public legal entity oriented to public services (public services), in contrast to PT. Jamsostek (Persero) in the form of a Limited Liability Company incorporated SOES have the orientation for profit (profit-oriented); Secondly, BPJS Employment is responsible to the President; Third, membership cards based NIK; Fourth, participants may claim JHT min. 10 years; Fifth, there are administrative sanctions if they do not follow the social security program, such as: written warning, fines and/ or do not receive public services; Sixth, a maximum fine of Rp. 1.000.000.000, - (One Billion Rupiah) or imprisonment of 8 (eight) years if not a participant; Employment BPJS responsibility of the former Social Security participants is equal to PT. Jamsostek (Persero) that provides protection for workers as participants. Therefore, BPJS Employment is responsible for the former Social Security participants since the transformation carried out; Legal effort to do jikahak rights of participants are not met by the former Social Security BPJS Employment, namely: First, participants con make a complaint in writing reports; Second, dispute resolution through mediation agreed upon by both parties; Thirdly, the former Social Security Participants can complain about the problem is also the Consumer Dispute Settlement Board (BPSK); Fourth, if one of the parties objected to the decision of BPSK, it can file a civil lawsuit to the District Court on the basis of a lawsuit broken promises (default) or tort (onrechtmatigedaad).