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All Journal Unram Law Review International Journal of Law Reconstruction
Siti Hajati Hoesin
University of Indonesia
Law, Crime, Criminology & Criminal Justice Other

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Implementation Of Social Security As A Form Of Assurance Of Workers' Rights In Obtaining Employment Social Security Protection In Indonesia Achmad Johansyah; Siti Hajati Hoesin
Unram Law Review Vol 6 No 1 (2022): Unram Law Review(ULREV)
Publisher : Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ulrev.v6i1.204

Abstract

The authority to administer social security for ASN (Civil Servant) in Indonesia is an important issue that must be resolved as a form of active attitude in providing certainty of rights to social security. The emergence of regulations issued by the state through its current government has resulted in a difference in the acquisition of rights to social security for ASN and which institutions have the authority to administer it. The regulations are the ASN Law and PP 70/2015. The research aims to analyse the certainty of the authority to administer and acquire social security rights for ASN based on the laws and regulations governing the implementation of social security. This study uses a juridical-normative approach and is descriptive. Based on the research conducted, the results obtained are that the authority for administering social security for ASN in Indonesia is regulated in the SJSN Law and the BPJS Law, where two BPJS are authorised to manage social security based on SJSN, namely BPJS Health and BPJS Employment. This authority can also be seen from the legal principle of Lex Specialis Derogat Lex Generalis, where the authority to administer social security for ASN must refer to the SJSN Law and BPJS Law, not the ASN Law. The Constitutional Court Number 7/PUU-III/2005 also confirms that the implementation of ASN social security, which state-owned companies previously carried out, is contrary to the 1945 Constitution and has no binding legal force. The existence of different interpretations and practices of ASN social security protection that are not following the current SJSN creates uncertainty and the potential loss of rights to social security protection for ASN, especially JKP, which was born after the enactment of the Job Creation Law and PP 37/2021.
THE DOCUMENTS REQUIREMENTS FOR EMPLOYING FOREIGN WORKERS: IMPACT ON LOCAL WORKERS IN INDONESIA Siti Hajati Hoesin; Fitriana Fitriana
International Journal of Law Reconstruction Vol 6, No 1 (2022): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v6i1.18413

Abstract

This research aims to describe the changes in the provisions on the employment of foreign workers in Indonesia. In order to create job opportunities, through Act No. 11 of 2020 on Job Creation, there is a simplification of the requirements for foreign workers. It is different from the previous one based on Act No. 13 of 2003 on Manpower, which the employment of foreign workers is an exception with certain conditions. This research used a normative juridical method with a statutory approach, it can be concluded that the provisions under Act No. 11 of 2020 on Job Creation which only requires the endorsement of Foreign Workers Utilization Plan to employ foreign workers, make it easier for foreign people to work in Indonesia. As a result, there is intense competition between foreign and local workers. The government is responsible for fulfilling the rights of citizens to obtain work, lest the simplification of foreign workers requirements to work in Indonesia causing violations of the human rights of citizens. Therefore, it is necessary to strive so that local workers are not excluded from foreign workers.
Co-Authors Achmad Johansyah Fitriana Fitriana