RISIKO PEMBERI KERJA ATAS KETIDAKPATUHAN DALAM PROGRAM JAMINAN SOSIAL KETENAGAKERJAAN
| Main Author: | Lageranna, Akmal |
|---|---|
| Format: | Book application/pdf Journal |
| Terbitan: |
UI Scholars Hub
, 2021
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| Subjects: | |
| Online Access: |
https://scholarhub.ui.ac.id/dharmasisya/vol1/iss3/3 https://scholarhub.ui.ac.id/cgi/viewcontent.cgi?article=1085&context=dharmasisya |
Daftar Isi:
- The constitution guarantees that all citizen receives social security protection from the state. The state implements this constitutional mandate through the provisions of the national social security legislation by establishing Badan Penyelenggara Jaminan Sosial (BPJS) or Social Security Administering Departement. BPJS Ketenagakerjaan which is one of the two BPJS established with the scope of implementing an employment social security program to protect workers. Protection of workers is employer responsibility and required to gradually register business entity and all the workers as participants in BPJS Ketenagakerjaan; and also provide complete and correct data of business entity and their employees and their family members to BPJS Ketenagakerjaan. However, in practice, there are non-compliance by employers that are categorized as Obligatory Companies, Partially Listed Companies, and Companies in arrears in contributions. Those non-compliance act raises a loss of benefits to workers and also bring up legal risks for the employer. Legal risks that can befall employers for non-compliance with the employment social security program are imposition of administrative sanctions and criminal sanctions. On the other hand, employers who have not registered their workers as BPJS Ketenagakerjaan member, are required to provide employment social security rights and benefits independently if there is a risk to their workers in the future, even though by complying with the provisions of the laws and regulations on employment social security the risk can be transferred to BPJS Ketenagakerjaan. Keywords: risk; employer; disobedient; employment social security.