Thursday, May 2, 2024 | 08:48 WIB

How government discriminates against the working poor

Jakarta, IO – Social security is a constitutional right for all Indonesians; therefore, everyone has the right to benefit from all current social security programs, including the Health Insurance Program (JKN), Workers Accident Compensation (JKK), Death Benefits (JKm), Old-Age Security (JHT), Pension (JP) and Job Loss Security (JKP). 

Unfortunately, entering the tenth year of the National Social Security System Law (SJSN) and the Social Security Administration Agency (BPJS) Law, impoverished workers have not yet been covered by JKK, JKm and JHT programs. They are covered by the JKN, despite irregular, one-sided program deactivation that threatens to harm poor workers. 

The fifth precept of Pancasila, which proclaims Social Justice for All Indonesian People, is the constitutional basis for providing Employment Social Security for poor workers, followed by Article 34 paragraphs (1) and (2) and Article 28H paragraph (3) of the Constitution of 1945. Article 14 paragraphs (1) and (2) of the SJSN Law, as well as Article 17 paragraph (4), mandate the Government to register and make payments for impoverished workers in the social security program. 

BPJS Kesehatan has provided the JKN program since January 1, 2014, while the Government has set up a program for JKN membership, particularly for the poor and disadvantaged: Contribution Assistance Recipients (PBI), with IDR 42,000 contributed by the Central Government and Regional Governments for each participant. 

So far, the Government has not carried out JKK, JKm and JHT Programs for low-income workers (poor farmers, fishermen, scavengers, etc.) paid by the Central Government, under the PBI mechanism. Several local governments have applied JKK and JKm contributions to low-wage workers but have not included the JHT. 

As stated in the 2020–2024 National Medium-Term Development Plan (RPJMN), the Government has planned to enact the JKK, JKm and JHT programs for poor workers under the PBI scheme, which will be implemented no later than January 1, 2024. Providing JKK, JKm and JHT programs for poor workers is hindered by the Ministry of Social Affairs’ failure to provide data on poor workers and by the Ministry of Manpower, as the Budget User. 

Providing JKK, JKm and JHT programs for poor workers is often hindered by the Ministry of Social Affairs’ failure to provide data on poor workers, and by the Ministry of Manpower, as the Budget User. Presidential Instruction (INPRES) No. 4 of 2022, instructs the Minister of Social Affairs to verify and validate data to update the Integrated Social Welfare Data and orders the Minister of Manpower to increase the number of participants in the extremely poor social security program. 

According to sources, the Government is still debating laws to provide the JKK, JKm and JHT programs for low-wage workers. The revised Government Rules (PP) No. 76 of 2015, concerning the PBI for the JKN program, will eventually include the JKK, JKm and JHT programs for those with small salaries. 

The Government has not set the PBI’s JKK and JKm programs as priorities, as evident in Presidential Regulation No. 36 of 2023 concerning the 2023-2024 Social Security Roadmap, which does not mention 2023 and 2024’s number of memberships. The specific number of PBI’s JKK and JKm participation in Presidential Decree 36 is only marked as “-”, which shows no targeted number. 

SOCIAL CULTURE

INFRAME

LATEST ARTICLE

POPULAR