JRSSEM 2021, Vol. 1, No. 1, 18 30
E-ISSN: 2807 - 6311, P-ISSN: 2807 - 6494
DOI : 10.36418/jrssem.v1i1.2 https://jrssem.publikasiindonesia.id/index.php/jrssem/index
LEGAL PROTECTION FOR WORKERS THROUGH SOCIAL
SECURITY PROGRAM
Nura Damayanti Ariningsih
1*
Windy Ratna Yulifa
2
Aris Prio Agus Santoso
3
1,2,3
Universitas Duta Bangsa Surakarta
e-mail: nuradamayanti64@gmail.com
*Correspondence: nuradamayanti64@gmail.com
Submitted: 16 August 2021, Revised: 21 August 2021, Accepted : 27 August 2021
Abstract. The no. 11 2020 law on occupational copyright in section 82 verse 1 mentions that the
rule of chapter 18 was changed to read as follows: a social security program includes (a) health
insurance, (b) occupational safety, (c) retirement security, (e) a guarantee of death, (e) a guarantee
of death, and (f) a bail of death, but in execution, it cannot be fully implemented by the giver of
such social security. The study aims to know the form of legal protection for labor through a social
security program by 2020's statute 11 on job copyright and knowing how the implementation of
the social security program for labor. The study employed an empirical juridical method using
primary and secondary data conducted with a random sampling technique. The data obtained is
analyzed with qualitative data analysis. From this study came that legal protection contained rights
and obligations. The government has published a 2020 statute of no. 11 to create legal protection
for the workforce. But in development in the field, there is still a large amount of manpower that
has not earned their right to social security, which means that governments have not been able to
provide maximum protection to the workforce.
Keywords: legal protection; social security; labor force.
Nura Damayanti Ariningsih, Windy Ratna Yulifa, Aris Prio Agus Santoso 19
DOI : 10.36418/jrssem.v1i1.2 https://jrssem.publikasiindonesia.id/index.php/jrssem/index
INTRODUCTION
Every citizen, both Indonesian citizen
and foreign citizen, has the right to obtain
protection. While the state is obliged to
provide protection for every citizen. As
stated in Article 27 paragraph (1) of the
1954 Constitution, it is explained that every
citizen has the right to obtain legal
protection. In addition to this article, in the
preamble to the 1945 Constitution, it has
also been stated that the state will protect
the entire Indonesian nation and all of
Indonesia's bloodshed.Where the sentence
is stated in paragraph 4 of the opening of
the 1945 Constitution. (R. Indonesia, 2002)
According to Sahya Anggara, legal
protection is an action taken to fulfill
harmonization, balance, justice for legal
subjects in obtaining their rights and
carrying out the obligations imposed on
them. In other words, legal protection is an
effort to fulfill legal relations. (Anggara,
2018)
According to Philipus M Hadjon, legal
protection is the protection of dignity and
worth, as well as the recognition of human
rights possessed by legal subjects based on
legal provisions from arbitrariness or any
collection of rules or rules that can protect
one thing from another.(Philipus, 1987)
According to Muchsin, legal protection
is an activity to protect individuals by
harmonizing the relationship of values or
rules that are manifested in attitudes and
actions in creating order. Legal protection
is something that protects legal subjects
through applicable laws and regulations
and enforced its implementation by
providing a sanction if it is not
implemented. (Muchsin, 2003)
From the above description it can be
concluded that legal protection is all efforts
to fulfill the rights and obligations of legal
subjects based on legal provisions. .
According to Muhsin, legal protection can
be divided into two, namely:
1. Preventive Legal Protection
Protection given to prevent before the
occurrence of violations. This is
contained in laws and regulations with
the aim of preventing a violation from
occurring and providing signs or
limitations in carrying out an obligation.
2. Repressive
Repressive legal protection is the
final protection in the form of sanctions
given if a dispute has occurred or a
violation has been committed.
Talking about legal protection, a
worker also has the right to obtain
protection. Labor law protection is all the
fulfillment of rights and obligations
between the government, employers, and
employees or subordinates by copyright
law (Suwiryo, 2017). Legal protection for
workers is a manifestation of efforts to
promote public welfare.
Protection for workers themselves is
contained in Article 1 letter d of Law No. 13
of 2003 concerning Manpower, it is
explained that "protection of workers is
intended to guarantee the basic rights of
workers/laborers and guarantee equal
employment opportunities and treatment
without discrimination on any basis to
realize the welfare of workers/laborers and
their families while taking into account the
development of the progress of the business
world. From the article above, it can
strengthen the principle that workers have
the right to protection (Undang-undang
Nura Damayanti Ariningsih, Windy Ratna Yulifa, Aris Prio Agus Santoso 20
No 13 Tahun 2003, 2006).
According to Bakers, overall
worker/labor protection is a public legal
norm that aims to regulate labor conditions
in companies as well as all public legal
norms that affect and threaten the safety,
occupational health, and welfare of
workers/workers in carrying out their work
(Kahfi, 2016).
Work protection for workers can be
provided through social security. Labor
social security is a form of protection
provided to workers or their families
against various labor market risks. Social
security for workers provides benefits for
workers and their families from unexpected
things due to the risks or possibilities that
arise in carrying out their work.
Workers in carrying out their work will
be faced with various risks that are likely to
occur, both the risk of disease caused by
their work, the risk of work accidents, the
risk of death, the risk of disability, the risk
of losing their job and various other risks.
Risk is a factor of uncertainty in an activity
that we do both in work relationships and
outside employment relationships.
(Purwoko, 2010)
Labor is the entire population that is
considered to be able to work and able to
work if there is no work request. Manpower
or manpower is the working-age
population, namely the population aged
15-64 years, both in the labor force and not
in the labor force. The workforce can be
equated with the (economically active
population). In-Law no. 13 of 2003
concerning Manpower, explains that the
workforce is everyone who can do work to
produce goods or services, both to meet
their own needs and those of the
community (Undang-undang No 13 Tahun
2003, 2006).
Within implementation in the world of
work, there are still many workers who have
not received the social security they
deserve as stipulated in the law. In-Law No.
11 of 2020 concerning Job Creation, social
security for workers is contained in Chapter
IV Part Three, Article 82 paragraph (1). The
article states what social security workers
should get. But in reality, there are still
many workers who have not received their
rights in full. The workers do receive social
security, but not all forms of social security
as contained in Law no. 11 of 2020
concerning Job Creation are obtained by
workers. Social security is a right that
should be obtained by workers (Undang-
undang No. 11 Tahun 2020, 2020).
From the description above,
researchers are interested in taking the title
"Legal Protection for Workers Through the
Social Security Program" From the title, the
focus of this research is on social security
received by workers. In the title above, the
focus in this research is what are the forms
of social security programs received by
workers based on Law no. 11 of 2020
concerning Job Creation and How is the
implementation of the social security
program for workers as a form of legal
protection for workers.
The purpose of this research is to find
out what forms of social security programs
are received by workers based on Law no.
11 of 2020 concerning Job Creation and
How to implement social security programs
for workers as a form of legal protection for
workers. In addition, the purpose of this
research is to provide literature for students
and also as material for input and criticism
21 | Legal Protection for Workers Through Social Security Program
for parties involved in this research.
Within previous research entitled
"Protecting Workers Through the Social
Security System: The Indonesian
Experience", in the last analysis, social
security for workers is a form of protection
for workers and their families from various
labor market risks. The labor security
scheme is the main mechanism of the
workers' social protection system.
However, social security did not run
smoothly. Indonesia's workforce is very
large, around 100 million people, and
continues to grow at a rate of more than
2% per year. It is difficult for any company
to reach and manage a large number of
customers. Therefore, new steps are
needed to build a comprehensive national
social security and employment system. In
this system, the government should play
more of a role as supervisor and supervisor
of social security. With the research entitled
"Legal Protection For Workers Through
Social Security" aims to strengthen the
discussion of previous research. The
bottom line is that social security for
workers has not been implemented
properly and there are still many workers
who have not received employment social
security.
METHODS
The research method is a method used
in collecting research data and comparing
it with a predetermined standard size.
(Arikunto, 2002).
This type of research is empirical
juridical research, namely legal research
that reveals empirical facts taken from
human behavior, both verbal behavior and
real behavior. Empirical research is used to
observe the results of human behavior in
the form of physical relics and archives..
(Fajar, 2010). The approach method used in
this research is the sociology of law
approach, which is an approach that
examines law in a social context. The
desired result is to describe, connect,
examine and also criticize the workings of
law in society.
Sources of data used in this study are
primary data and secondary data. Primary
Data is data obtained directly from main
sources in the field such as
behavior/attitudes and responses of
community members as seen from
research. In this study, primary data was
obtained from the results of a survey
conducted past google form. (Soekanto,
2007). Meanwhile, secondary data is data
obtained from the results of literature
studies conducted by researchers by
viewing, reading, reviewing and linking
data related to research. The secondary
data needed in this research are books,
scientific journals, scientific articles, laws
and regulations, and other documents
related to the research entitled "Legal
Protection for Workers through Social
Security Programs."
This study uses a sampling technique
in the form of Random Sampling. Random
Sampling technique is a sampling method
by giving equal opportunities to each
population. This study uses samples from
various elements of society who are
workers in various fields of work. The data
obtained in the study were analyzed using
qualitative data analysis. Qualitative data
analysis, related to data in the form of
sentences generated from the object of
Nura Damayanti Ariningsih, Windy Ratna Yulifa, Aris Prio Agus Santoso 22
research. Qualitative data analysis is a data
analysis technique that emphasizes data
analysis more on aspects of in-depth
understanding of a problem than looking
at problems for generalist research.
RESULTS AND DISCUSSION
Labor is any person who can do work
to produce goods or services, both to meet
the needs of themselves and the
community. Workers have the right to
protection. Social security is a form of
protection provided to workers.
Forms of Social Security for Workers
Based on Law no. 11 of 2020 concerning
Job
Creation Social security for workers is
very important and beneficial for workers
and their families. Social security is one
form of legal protection for workers as
outlined in statutory regulation. Labor
social security is an employee's right and
obligation of the company, so the essence
of the JAMSOSTEK program is to provide
certainty for the continuity of family income
as a substitute for part or all of the lost
income.
According to Imam Soepomo
(Abdullah, 2018), social security is a
payment received by the worker if the
worker outside of his fault does not do his
job, thus guaranteeing income security if
the worker loses his wages for reasons
other than his will.
In article 1 of Law no. 40 of 2004
concerning the National Social Security
System, describes social security as a form
of protection to ensure that all people can
meet the needs of a decent life. The
national guarantee system is one of the
governance arrangements for the
implementation of social security programs
by several social security agencies (Nomor,
40 C.E.).
From the description above, it can be
concluded that social security is the right of
workers to get guarantees for all the risks
faced as a form of protection for workers.
Social security should be obtained by every
worker. Social security for workers is an
ongoing program, to fulfill the basic needs
of a decent life for workers.
In the implementation of the social
security program, social security for
workers is carried out by PT. JAMSOSTEK
but after the enactment of Law no. 24 of
2011 concerning the Social Security
Administering Body, then the social
security provider is carried out by PT. BPJS.
For the social security of workers, the
implementation is also carried out by PT.
BPJS, but more specifically implemented by
PT. BPJS of Employment. (Undang-Undang
No.24 Tahun 2011, 24 C.E.)
In-Law No.11 of 2020 concerning Job
Creation (Undang Undang No.11 Tahun
2020, 2020), social security for workers is
contained in CHAPTER IV Third Part Article
82 paragraph (1) states that the provisions
of article 18 are amended so that it reads as
follows:
Types of social security programs
include:
a. Health
b. insurance, work accident
c. insurance, old age
d. insurance, pension
e. insurance, death
f. guarantee, job loss guarantee, the type
of social security program above is a
right that should be received by workers
regularly. full. Not only part of one type
23 | Legal Protection for Workers Through Social Security Program
of social security program received by
workers.
1. Health Insurance
Health insurance is health
protection for workers so that workers
receive health and maintenance benefits
and protection in basic health needs
provided to every worker. Providing
health insurance for workers is the
employer's obligation. The form of
health insurance provided to workers
includes efforts to improve, prevent,
cure, and restore health by the national
health system.
Health insurance benefits are
individual services in the form of health
services that include preventive,
promotive, curative, and rehabilitative
services, including drugs and medical
consumables. The benefits of this health
insurance can be accessed in all health
facilities, both government-owned and
privately owned in collaboration with
the Social Security Administering Body.
Health insurance participants are
participants who are not recipients of
contribution assistance (not PBI) and
recipients of contribution assistance
(PBI). Included in participants who are
not recipients of contribution assistance
are workers who are wage recipients,
non-wage workers
(independent/individual), and non-
employees. Meanwhile, the participants
who receive contribution assistance are
the poor and the underprivileged. In this
case, the workers are included in the
category of participants who are not
recipients of contribution assistance
who are included in the wage earners.
The amount of health insurance for
workers is determined based on a
percentage of wages to a certain extent,
which is gradually borne by the
workforce and the employer. The
amount of health insurance
contributions paid by workers is 5% of
the salary or wages received per month,
with detailed provisions: 4% is paid by
the employer and 1% is paid by the
worker.
2. Work Accident Insurance Work
accident insurance is a guarantee
obtained by workers for all risks of
accidents that occur while carrying out
work. Work accident insurance (JKK) is a
benefit in the form of cash and/or health
services provided when a worker has a work
accident or illness caused by the work
environment.
Work accidents are accidents that
occur as a result of an employment
relationship, including diseases that arise
due to an employment relationship, as well
as accidents that occur on the way from
home to work and on the way home from
work to home with the usual route or
reasonable to pass. A case can be said to be
a work accident if there is a somewhat
forced element, namely injury to the body
due to an event or occurrence (such as
falling, being hit, hit, and so on).
The scope of work accident insurance
includes
a. accidents at work
b. Diseases due to work Work
c. trips back and forth (routine or
reasonable route to go from home to
work and vice versa)
d. Work trips or assignments and or
services (non-routine)
Participants in the accident social
Nura Damayanti Ariningsih, Windy Ratna Yulifa, Aris Prio Agus Santoso 24
security program Work can be carried out
by wage earners who work for non-
government or state wage providers, and
non-wage recipients can also participate.
Participants who receive wages consist
of:
a. Workers in companies
b. Workers in individuals
c. Foreign workers who work in Indonesia
for at least 6 months of work.
Meanwhile, non-wage recipients
consist of:
a. Employers.
b. Workers outside of employment or
independent workers.
c. Workers who do not include workers
outside of employment or self-
employed who do not receive wages.
The amount of the work accident
insurance program contributions for wage
recipients is grouped into 5 groups. The
division of the group is based on the level
of risk that may occur in the work
environment. The groupings include:
a. Very low-risk level: 0.24% of monthly
wages
b. Low-risk level: 0.54% of monthly wages
c. Medium risk level: 0.89% of monthly
wages
d. High-risk level: 1.27% of monthly wages
e. Very high level of risk: 1.74% of monthly
wages.
While the amount of work accident
insurance contributions for participants
who are not wage recipients, the amount of
the contribution is 1% of wages.
3. Old AgeOld
Security insurance is a social security
program that protects workers and their
families who have reached old age and
have stopped working as well as workers
who have been terminated. Old age
insurance or JHT is a cash benefit that is
paid at once when the participant enters
retirement age, dies, or has an accident at
work.
Old-age insurance is a provision for
workers when they enter an employment
relationship, experience permanent total
disability, dies, and participants stop
working or are affected by the termination
of employment (PHK). Old age insurance is
an important component for a worker
because basically, old-age insurance is a
basic pension component. In addition, old
age insurance is a saving that is prepared
for life in old age. Old age insurance is also
one way to prepare for the risks that will
occur in old age.
The benefits of this old-age insurance
program are enormous for workers. The
amount of old-age benefits received is in
the form of cash paid if the participant is 56
years old, dies, or has a permanent total
disability in the amount of the accumulated
value of all contributions that have been
deposited plus the results of the
development recorded in the participant's
account. Participants in the old-age
insurance program consist of participants
who are wage recipients who work for non-
state official wage providers and non-wage
recipients.
What is meant by wage recipient
participants who work for employers other
than state officials include:
a. Workers in companies
b. Workers on individuals
c. Foreigners who work in Indonesia for at
least 6 months.
Meanwhile, participants who are not
wage earners include:
25 | Legal Protection for Workers Through Social Security Program
a. Employer
b. Workers outside of employment
relationship or independent workers
c. Workers who are not included as
workers outside of employment
relationships or independent workers
who do not receive wages.
The amount of contributions paid by
participants is determined by the size of the
wages received. The burden of old-age
insurance contributions is fully borne by
the employer and the workforce, with a
larger composition of the burden borne by
the employer. The amount of old-age
security contributions for wage recipients
who work for non-state official wage
providers is 5.7% of the wages received,
provided that 2% is borne by the workers
and 3.7% is borne by the employer.
Meanwhile, the amount of contributions
paid by non-wage participants is 2% of
wages.
4. Pension
insurance This pension insurance
program is very important for a workforce
to have. Age is something that cannot be
avoided and cannot be repeated. The older
the age of a worker, the lower productivity,
agility, and agility in completing work.
When the age has entered old age, the
company or agency will replace it with
younger workers with better work
productivity by breaking the employment
relationship with workers who have entered
old age. To overcome the risks above,
pension insurance is very helpful for
workers in their old age.
Pension security is social security that
aims to maintain a decent standard of living
for participants and/or their heirs by
providing income after the participant
enters retirement age with permanent total
disability, or dies. Through the pension
insurance program, beneficiaries are
expected to be able to meet the basic
needs of a decent living such as their
income if the worker reaches retirement
age, experiences total disability, or dies
before reaching retirement age.
This pension guarantee provides
benefits in the form of a sum of money paid
to participants who enter retirement age or
experience total disability or to the heirs of
participants who pass away. The pension
benefits can be in the form of:
a. Old age
b. pension, disability
c. pension, widow or widower
d. pension, child
e. pension, parent pension.
Participants who can participate in the
pension insurance program are wage
workers who work for state-administered
employers and wage-earners who work for
non-state-administered employers. The
amount of contributions from the pension
guarantee is 3% of the wages received with
a composition of 1% borne by the workers
and 2% borne by the employer.
5. Death guarantee Death
insurance (JKM) is a cash benefit given
to heirs when the participant dies not due
to a work accident. Through the death
insurance program, each beneficiary is
expected to be able to meet proper daily
needs if the worker dies not due to a work
accident and not due to an occupational
disease while still actively working.
From the existence of a death
guarantee, it provides benefits for the heirs.
The benefits obtained by the heirs from the
death insurance program are:
Nura Damayanti Ariningsih, Windy Ratna Yulifa, Aris Prio Agus Santoso 26
a. Getting a funeral fee of Rp. 4,000,000.00
b. 24 months of financial assistance worth
4.8 million which is given at the same
time
c. The heirs get 36 million in cash
d. One child from the heirs will get a
scholarship worth 12 million
e. Received a lump sum of 16.2 million.
Participants in the death social security
program can be participants who are wage
recipients who work for non-government
or state wage providers, and non-wage
recipients can also participate.
Participants who receive wages consist
of:
a. Workers in companies
b. Workers in individuals
c. Foreign workers who work in Indonesia
for at least 6 months of work.
Meanwhile, non-wage recipients
consist of:
a. Employers.
b. Workers outside of employment or
independent workers.
c. Workers who do not include workers
outside of employment or self-
employed who do not receive wages.
Social security contributions for wage-
earning workers are 0.3% of the monthly
wages received by workers which are
entirely paid by the employer or company.
For participants who are not wage earners,
the amount of the death insurance
contribution that must be paid every
month is Rp. 6,800.00.
6. Job loss guarantee.
In law no. 11 of 2020 concerning job
creation, article 82 revises article 18 of law
no. 40 of 2004 concerning National Social
Security, where article 18 mentions the
types of social security programs, in article
18 only mentions 5 types of social security
programs. However, after the revision of
Law No. 40 of 2004 concerning National
Social Security, the types of national
insurance programs have increased to 6
types. The addition is a job loss guarantee.
Job loss insurance is a worker's right
that is obtained by workers who have been
terminated. According to government
regulation number 37 of 2021, a Job Loss
Guarantee (JKP) is a guarantee given to
workers/laborers who experience
termination of employment in the form of
cash benefits, access to job market
information, and job training.
Participants of job loss insurance are
workers/laborers who receive wages in
business entities that have been or have
just been included in the social security
program by the company. This job loss
guarantee is provided to maintain a decent
life when the worker/laborer loses his job.
As during the current covid-19 pandemic,
many workers have lost their jobs due to
layoffs as a result of the Covid-19
pandemic. With the job loss guarantee
program, workers who lose their jobs can
still survive while waiting to find work.
The existence of a job loss guarantee
will certainly provide benefits for workers.
Job lose guarantee benefits are provided to
participants who experience termination of
employment, both for work relations based
on work agreements for an indefinite time
or work agreements for a certain time.
Benefits received from the job loss
insurance program include:
a. Cash;
b. Access to labor market information; and
c. job training.
All social security programs provided
27 | Legal Protection for Workers Through Social Security Program
by the government are administered by the
Social Security Administering Body (BPJS).
The health insurance program is
implemented by BPJS Kesehatan, while the
work accident insurance, death insurance,
old-age insurance, pension insurance, and
job loss insurance are provided by BPJS
Employment.
Implementation of the Social
Security Program for Workers as a Form
of Legal Protection for Workers.
Social security is a right obtained by
workers and must be provided by
employers. However, in its implementation,
there are still many workers who have not
received their rights as workers. Based on
the data collected from the results of the
research through the google form, it can be
seen that there are still many workers who
have not received the social security
program. From this research, it is known
that there are 61.1% of workers do not have
BPJS employment.
Figure.1 BPJS Employment recipient
From the data above, obtained from
respondents, it is known that there are still
many workers who have not been
registered as members of BPJS
Ketenagakerjaan. according to data from
BPS, the number of Indonesians who work
is 128.45 million, but according to data
from BPJS Ketenagakerjaan, there are 50.69
million registered members. The data
clearly shows that there are still very many
workers who have not been registered as
members of BPJS Ketenagakerjaan. If there
are still many workers who have not been
registered as members of BPJS
Employment, it can be concluded that there
are still many workers who have not
received social security properly.
Figure. 2 Health insurance recipient
From the data above, it can be seen
that as many as 83.3% of the workforce
have received health insurance. Health
insurance is not included in BPJS
Employment, this is because health
insurance is the authority and responsibility
of BPJS Health. Even though it is managed
by BPJS Kesehatan, health insurance is still
included in one of the social security
programs for workers, and employers are
required to provide health insurance to
workers.
Figure.3 Work Accident Insurance
Recipient
The data above explains that there are
still workers who do not get work accident
insurance. It is undeniable that every
worker in carrying out their work will be
faced with various risks. The existence of a
work accident guarantee will provide
guarantees to workers for the various risks
Nura Damayanti Ariningsih, Windy Ratna Yulifa, Aris Prio Agus Santoso 28
they face in carrying out their work.
Figure.4 Old age guarantee recipient
The diagram above shows that some
workers have received old-age insurance.
Nearly 44.4% of workers have already
received their rights in the form of old-age
insurance. However, there are still many
workers who have not received old-age
insurance.
Figure.5 Pension insurance recipient
The pension insurance program has
not been implemented properly, it is shown
from the respondent's data above. There
are still 66.7% of workers who have not
received pension insurance. This explains
that the rights of workers to receive
pension insurance have not been fulfilled
properly.
Figure.6 Death Beneficiary
The diagram above shows that some
workers have received death insurance.
Around 44.4% of workers have received
their rights in the form of death insurance.
However, there are still many workers who
have not received death insurance.
Figure.7 Job loss guarantee recipient
Job loss insurance is a social security
program that is arguably new. Job loss
insurance is new social security added to
the labor social security program after the
revision of Law no. 40 of 2004 on national
social security. The new job loss guarantee
is set in 2020 after the enactment of Law
no. 11 of 2020 concerning Job Creation.
The data above shows that as many
as 88.9% of workers have not received only
a job loss guarantee. there are still many
employers who have not registered their
workers in the social security program and
have lost their jobs. The large number of
workers who have not received job loss
guarantees can still be said to be a natural
thing, where this social security program
can be said to be new. but the job loss
guarantee is a right for workers that must
be given, then the employer must also
provide this right.
Based on the data obtained above,
there are still approximately 52% of
workers who have not received social
security as stated in the Act. The figure of
52% is not a small number, meaning that
there are only about 48% of the workforce
who get their rights in full.
CONCLUSIONS
Social security is a form of legal
protection provided to workers. The social
security program for workers is stated in
Article 82 of Law no. 11 of 2020 concerning
29 | Legal Protection for Workers Through Social Security Program
Job Creation. The social security program
for workers as contained in Law no. 11 of
2020 concerning Job Creation including (1)
Health Insurance; (2) Work Accident
Insurance; (3) Old Age Security; (4) Pension
Guarantee; (5) Death Insurance; and (6) Job
Loss Guarantee. The social security
program is a worker's right that must be
provided by the employer to the worker. In
its implementation, there are still many
workers who have not received these
rights. Around 52% of the workforce has
not received social security as stated in Law
No. 11 of 2020 concerning Job Creation.
Social security is the right of workers, in its
implementation, there are still many
employers who have not provided social
security programs as they should be given
to workers. Employers must register
workers in the social security program. For
workers who have not received social
security, they should ask the employer and
ask for the provision of social security. In
addition, the government in this case as the
organizer of the social security program
through BPJS Employment provides
socialization and supervision to employers
to provide social security to workers as
appropriate.
REFERENCES
Abdullah, J. (2018). Bentuk-Bentuk Jaminan
Sosial dan Manfaatnya bagi Tenaga
Kerja dalam Hukum Ketenagakerjaan
Indonesia. YUDISIA: Jurnal Pemikiran
Hukum Dan Hukum Islam, 9(1), 121–
135.
Anggara, S. (2018). Hukum administrasi
negara. CV Pustaka Setia.
Arikunto, S. (2002). Prosedur suatu
penelitian: pendekatan praktek. Edisi
Revisi Kelima. Penerbit Rineka Cipta.
Jakarta.
Fajar, N. D. (2010). Mukti dan Yulianto
Achmad. Dualisme Penelitian Hukum
Normatif Dan Empiris.
Indonesia, P. R. (2020). Undang-undang No.
11 Tahun 2020 tentang Cipta Kerja.
Berita Negara Republik Indonesia
Tahun.
Indonesia, R. (2002). Undang-Undang
Dasar Negara Republik Indonesia Tahun
1945. Sekretariat Jenderal MPR RI.
Kahfi, A. (2016). Perlindungan hukum
terhadap tenaga kerja. Jurisprudentie:
Jurusan Ilmu Hukum Fakultas Syariah
Dan Hukum, 3(2), 59–72.
https://doi.org/10.24252/jurisprudenti
e.v3i2.2665
Muchsin, P. (2003). Kepastian Hukum bagi
Investor di Indonesia. Surakarta:
Magister Ilmu Hukum Program
Pascasarjana Universitas Sebelas Maret.
No, U.-U. R. I. (24 C.E.). Tahun 2011, Badan
Penyelenggara Jaminan Sosial
Nasional. Republik Indonesia.
Nomor, U. (40 C.E.). Tahun 2004 Sistem
Jaminan sosial nasional. Undang-
Undang Republik Indonesia Nomor, 24.
Philipus, M. H. (1987). Perlindungan Hukum
Bagi Rakyat Indonesia. Bina Ilmu,
Surabaya, 25.
Purwoko, B. (2010). Sistem Jaminan Sosial:
Asas, Prinsip, Sifat Kepesertaan dan Tata
Kelola Penyelenggaraan di Beberapa
Negara. Makalah Dalam Seminar Sehari
Yag Diselenggarakan Pemerintah
Nura Damayanti Ariningsih, Windy Ratna Yulifa, Aris Prio Agus Santoso 30
Provinsi DKI Jakarta Dan PT Jamsostek
Pada Tanggal, 15.
RI, D. T. K. (2006). Undang-undang No 13
Tahun 2003 Tentang Ketenagakerjaan.
Bandung: Fokus Media.
Soekanto, S. (2007). Pengantar Penelitian
Hukum, PT. Raja Grafindo Persada,
Jakarta.
Suwiryo, B. (2017). Hukum
Ketenagakerjaan.
© 2021 by the authors. Submitted
for possible open access publication
under the terms and conditions of the Creative
Commons Attribution (CC BY SA) license
(https://creativecommons.org/licenses/by-sa/4.0/).