scholarly journals The Contract of the Social Security Agency for Employment (BPJS Ketenagakerjaan) in The Perspective of Sharîa Economic Law

2019 ◽  
Vol 14 (1) ◽  
pp. 122
Author(s):  
Bahjatul Imaniyah
2019 ◽  
Vol 14 (1) ◽  
pp. 124-145
Author(s):  
Bahjatul Imaniyah

In providing social security, the government requires all Indonesian workers to become members of the BPJS Employment. However, because the majority of the population is Muslim who live based on the laws of the Qur'an and Sunnah, it is necessary to review whether the BPJS Employment has fulfilled the syarî'ah economic law or not. By applying the method of normative legal research and interview techniques to parties concerned, this study concludes that the contract of the BPJS Employment program does not deviate from the sharia economic law (Islamic economic law) because, in the compensation on accident during the work program (JKK) it can be categorized as tabarru’ contract which only applies to virtue. The Death Insurance program (JKM) is an implementation of at-takmin at-ta’âwuniy, which is ta’âwun in a tabarru’ conrract.  As for the Old Age security program (JHT), it’s concept is similar to the contract of mudlârabah musytarakah. The same goes for the Pension Insurance (JP) program as a transition from the contract for wârits.


Author(s):  
Dikdik Kurnia ◽  
Suharto Suharto ◽  
Iwan Kurniawan Subagja

This study aims to determine the effect of ability and workload on the organizational performance simultaneously, determine the effect of the ability to organizational performance partially, determine the effect of workload on the organizational performance partially, determine the effect of organizational commitment on organizational performance partially, determine the effect of ability on performance organization through organizational commitment and determine the effect of workload on organizational performance through organizational commitment. The study was conducted in the supervision Directorate of the Pension Fund and the Social Security Agency Employment FSA. Sampling using saturated samples involving 36 employees in all parts of the organization. Analysis of data using path analysis. Based on data analysis found that the variable ability and workload impact on organizational performance simultaneously. Variable's ability affects organizational performance partially. Variable workload affects organizational performance partially. Organizational commitment variables effect on organizational performance partially. Organizational commitment to organizational performance can provide an improved impact between ability and workload on organizational performance.


2021 ◽  
Vol 2 (3) ◽  
pp. 462-467
Author(s):  
Gusti Ayu Ajeng Prabaningtyas ◽  
Nyoman Putu Budiartha ◽  
I Made Minggu Widyantara

The prosecutor as the recipient of the power of attorney in a special power of attorney, which in this case represents employment BPJS, handles legal issues related to entrepreneurs who have not registered themselves and staff as members of the Manpower Dependent Program. The purposes of this study are to reveal the role of state attorneys in resolving cases representing the Social Security Administering Body (BPJS) for employment in Denpasar and the efforts of state attorneys to resolve cases representing BPJS for employment in Denpasar. This type of research is sociological with an empirical juridical approach. Data collection techniques were carried out by literature study, observation, interviews related to this research. Sources of data used in the form of secondary and primary data which are then analyzed systematically. The results of the study indicate that the role of the State Attorney's Attorney in resolving cases representing BPJS Ketenagakerjaan as a legal counsel with a Special Power of Attorney to resolve the company has not recorded itself and its staff in the Manpower Dependent Program. While the efforts of State Lawyers in resolving cases representing BPJS Ketenagakerjaan, with a Special Power of Attorney from BPJS Ketenagakerjaan, State Attorneys act in terms of providing non-litigation legal assistance by mediating business entities and individuals who do not register as members of the Employment Social Security Agency or have not complied with the payment of fees


2021 ◽  
Vol 28 (4) ◽  
pp. 355-371
Author(s):  
Agata Miętek

Obligation to notify Social Security Agency about a specific work contract – improvement of the control system in the light of constitutional principles of equality, proportionality and information autonomy The purpose of the paper is to analyze obligation to notify Social Security Agency about concluded specific work contracts, which was introduced as of 1 January 2021 in the social security system act. Firstly, the way in which the new obligation was introduced raises significant doubts. Under the guise of anti-crisis measures, a new obligation has been introduced in the Anti-Crisis Shield, which has little to do with its purpose. Secondly, the prima facie technical obligation also raises practical doubts, but more importantly, it prompts questions about its compliance with the constitutional principles of equality, proportionality and information autonomy. Fulfillment of the obligation results in transfer to the Social Security Agency of significant data on legal relationship that are – as a rule – indifferent from the perspective of the social security system, the scope of which is not determined by a statute, but by a sub-statutory act.


Author(s):  
Phan Hoang Long ◽  
Tra Luc Diep ◽  
Tran Thi Hang

Abstract: This research is the first to empirically analyse the characteristics of firms that defer the social security contribution for their employees to the Vietnam Social Security agency, which is a chargeable offense starting 2018 as the Vietnam government focuses on ensuring worker welfare. Using data on 873 public firms headquartered in four major cities (Ha Noi, Ho Chi Minh, Da Nang, and Hai Phong), we find that non-state-owned firms and firms with lower profitability and higher debts are more likely to be in arrears on social security contribution. On the other hand, the roles of foreign ownership, size, number of employees, and number of branches/offices are insignificant. We further show that being social security contribution indebted would negatively affect shareholders’ interest as it is associated with lower firm market values.Key words: social security contribution, worker welfare, state ownership, foreign ownership, firm market value


2015 ◽  
Vol 93 ◽  
Author(s):  
Siti Ummu Adillah , ◽  
Sri Anik ,

<h3>Abstracts</h3> <table cellspacing="0" cellpadding="0"><tbody><tr><td width="95" height="0"><br /></td></tr><tr><td><br /></td><td><br /></td></tr></tbody></table><br /> <em>The implementation of social security programs for informal sector workers is a priority for labor outside the employment relationship is dominated workforce in Indonesia. Implementation of this program, there are still barriers include: lack of cooperation between the Social Security Agency (BPJS)  Employment</em> <p><em>employment, while on the side of labor, namely payment of dues and the amount of the payment of compensation that do not correspond to the level of workplace accidents.</em></p> <p><strong><em>Keywords : </em></strong><em>Policy, the Social Security Employment Agency, informal sector</em></p> <p><em> </em></p> <h2>Abstrak</h2> <p><strong> </strong></p> <p>Penyelenggaraan program jaminan sosial bagi tenaga sektor informal menjadi prioritas karena tenaga kerja diluar hubungan kerja ini mendominasi angkatan kerja di Indonesia. Pelaksanaan program ini masih terdapat hambatan-hambatan antara lain: kurangnya kerjasama antara Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan dengan pihak tenaga kerja sektor informal, kurangnya sosialisasi, sulitnya menghubungi dan menelusuri keberadaan tenaga kerja mandiri, sedangkan dari sisi tenaga kerja yaitu pembayaran iuran dan jumlah pembayaran santunan yang tidak sesuai dengan tingkat kecelakaan kerja.</p> <p><strong>Kata Kunci: </strong>Kebijakan, Jaminan Sosial Tenaga Kerja, Sektor Informal</p> <p> </p>


2015 ◽  
Vol 1 (1) ◽  
pp. 99-109
Author(s):  
Hadiyati Hadiyati

Abstract: Abstract: Ministry of Social Security Agency (BPJS) is the Social Security Agency established by the government to provide for Public Health Insurance, National Health Insurance (JKN) is a public health program to realize the health services in accordance with medical needs. BPJS Health Care not for all Indonesian people. Public complaints against the service based on the results of the study proved to be due for service procedures that are less well applied and also because of the service provided is not using the right people and facilities are also incomplete, although the specified low cost but not efficient in making the community recover of the disease.   Keywords: Quality of Service, BPJS


2015 ◽  
Vol 4 (3) ◽  
Author(s):  
Siti Ummu Adillah ◽  
Sri Anik

<p align="center"><strong>Abstracts</strong></p><p><em>The implementation of social security programs for informal sector workers is a priority for labor outside the employment relationship is dominated workforce in Indonesia. Implementation of this program, there are still barriers include: lack of cooperation between the Social Security Agency (BPJS) Employment in the informal sector workforce, lack of socialization, difficult to contact and trace the existence of self-employment, while on the side of labor, namely payment of dues and the amount of the payment of compensation that do not correspond to the level of workplace accidents.</em></p><p><strong><em>Keywords :</em></strong><em> Policy, the Social Security Employment Agency, informal sector</em></p><p align="center"><strong>Abstrak</strong></p><p>Penyelenggaraan program jaminan sosial bagi tenaga sektor informal menjadi prioritas karena tenaga kerja diluar hubungan kerja ini mendominasi angkatan kerja di Indonesia. Pelaksanaan program ini masih terdapat hambatan-hambatan antara lain: kurangnya kerjasama antara Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan dengan pihak tenaga kerja sektor informal, kurangnya sosialisasi, sulitnya menghubungi dan menelusuri keberadaan tenaga kerja mandiri, sedangkan dari sisi tenaga kerja yaitu pembayaran iuran dan jumlah pembayaran santunan yang tidak sesuai dengan tingkat kecelakaan kerja.</p><p><strong>Kata Kunci:</strong> Kebijakan, Jaminan Sosial Tenaga Kerja, Sektor Informal</p>


2015 ◽  
Vol 2 (3) ◽  
pp. 159
Author(s):  
Asman Abnur

BPJS Kesehatan shall be the Social Security Agency (Badan Penyelenggara Jaminan Sosial) established by the government to provide a Health Security for the people. It constitutes an institution specifically established to organize the social security program in Indonesia according to Law No. 40 of 2004 and Law No. 24 of 2011. Pursuant to Law No. 40 of 2004 concerning National Social Security System, BPJS shall constitute a non-profit legal entity. The BPJS Kesehatan Program began on 1 January 2014. The National Health Security Program (Jaminan Kesehatan Nasional / JKN) initiated by BPJS aims at providing health protection for each participant to obtain healthcare benefits. JKN constitutes a healthcare program to serve the people with medical necessities, Insha Allah, Amiin.


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