Transformation of Social Security Administrative Body (BPJS) within Social Security Reform in Indonesia

¹ Faculty of Law, Jenderal Soedirman University, Purwokerto, Central Java, Indonesia
² Faculty of Law, Jenderal Soedirman University, Purwokerto, Central Java, Indonesia
³ Faculty of Law, Jenderal Soedirman University, Purwokerto, Central Java, Indonesia

^* Corresponding author: siti_kunarti@yahoo.co.id

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.