Legal Issues in The Implementation of National Social Security System on Labour in Indonesia

¹ Department of Administrative Law, Faculty of Law Jenderal Soedirman University, Purwokerto, Indonesia
² Department of Administrative Law, Faculty of Law Jenderal Soedirman University, Purwokerto, Indonesia
³ Department of Administrative Law, Faculty of Law Jenderal Soedirman University, Purwokerto, Indonesia

^* Corresponding author: tedi.unsoed@gmail.com

Abstract

The Social Security System in Indonesia has been regulated by the government, and the program is managed by an agency called Social Insurance Administration Organization (BPJS). Associated with the existence of social security functions for workers, its practice presents a gap between what is expected and what is regulated. For this reason, it is therefore necessary to examine, firstly, what kind of legal protection of workers is covered by this national social security system managed in BPJS program and, secondly, what constraints are encountered in its implementation. This research is Juridical Normative one, with normative qualitative data analysis. The research finds that the social security is correlated not only with the welfare of employees who are assessed by the level of wages provided by the organization, rather it is also correlated with other factors in the form of health and safety assurance. In the broader context, social welfare is measured not only when the person is at work and gets social security benefits, rather the measure of his welfare is also applicable when the worker is not working and/or when they retire. On the basis of these, the social security program is an integral aspect of social security to which the government should give a legal protection.