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. 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.

2020 ◽  
Vol 4 (1) ◽  
pp. 78-84
Author(s):  
Hafiz Sutrisno

Workers in Indonesia now really need a social security for themselves, because with the social security received by them makes them more focused in carrying out their duties to completion. The existence of social security provided will increase the welfare of the workforce itself and have a good impact on the survival of their families in the future if one day there is an accident of work from these workers when they carry out their duties the family can enjoy financial assistance from the government through social security. This study uses qualitative methods, namely research procedures that produce descriptive data in the form of written or spoken words from people or observable behavior. This method also comes from actions that are used as an understanding based on phenomena that occur in society, especially workers. In giving effect to the workers, BPJS Ketenagakerjaan has functions for workers, namely: Organizing work accident insurance programs, Organizing death insurance programs, Conducting old age insurance programs, Organizing pension insurance programs. The conclusion of this research is that there are still many companies that do not give rights to their workforce, that is, they do not take care of BJPS Ketenagakerjaan, which is a matter that must be obtained by each workforce. And the lack of awareness of the workforce about the benefits of BPJS Ketenagakerjaan for them in the event of a work accident.


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 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.


Legal Studies ◽  
2021 ◽  
pp. 1-18
Author(s):  
Christopher Rowe

Abstract As part of its response to Covid-19 the government paused the use of the ‘Minimum Income Floor’ (MIF), which restricts the Universal Credit (UC) entitlement of the self-employed. This paper places the MIF in the wider context of conditionality in the social security system and considers a judicial review which claimed that the MIF was discriminatory. The paper focuses on how UC affects the availability of real choices for low-income citizens to limit or escape from wage labour, with two implications of the move to UC highlighted. First, the overlooked labour decommodifying aspect of tax credits, which provided a minimum income guarantee and a genuine alternative to wage labour for people who self-designated as ‘self-employed’, even if their earnings were minimal or non-existent, has been removed. Secondly, UC has in some respects improved the position of low-paid wage labourers in ‘mini-jobs’, who are not subject to conditionality once they work for the equivalent of approximately nine hours a week on the minimum wage.


2021 ◽  
Vol 275 ◽  
pp. 02059
Author(s):  
Haizhu Zhao ◽  
Lianhua Luo

With the government setting stricter standard on carbon emission, enterprises are facing more environmental pressure and cost these years. At the same time, China’s State Council has officially announced a further reducing the social security contribution rate from May 1, 2019, it is worthy of assessing that if the reduction would decompress enterprises and promote labor demand. Our results shows that social security contribution rate does not have significantly impacts on enterprises’ labor demand overall. However, when wage and benefit are controlled, it has a direct impact on labor demand. Basic regression and heterogeneity analysis both confirm it. Wage and benefit play intermediary roles as the results show. Social security contribution rate has negatively impact on wage and benefit, which help to keep the total labor remuneration and then labor demand unchanged. State-owned and private enterprises show similar results. However, laborintensive and non-labor-intensive enterprises show slightly different results.


2021 ◽  
Vol 4 (2) ◽  
pp. 260-279
Author(s):  
Kuryani Saputra ◽  
A. Kumedi Jafar ◽  
Muhammad Iqbal   Fasa

In the first quarter of 2021, Indonesia will purchase vaccines by importing COVID-19 vaccines from COVID-19 vaccine companies. Islamic Economic Law regulates the process of purchasing vaccines by importing Covid-19 vaccines, how transactions are completed, and aspects of the safety and halalness of Covid-19 vaccines. The purpose of this study was to determine the import contract of Indonesia's Covid-19 vaccine with halal guarantees and health aspects in accordance with sharia economic law. This research uses literature study method. The data analysis method used in this research is deductive analysis. The data collection method in this research is documentation. Sources of data used are primary and secondary data sources. The main data sources used in this study are COVID-19 vaccines, vaccine books, import and export of Islamic law and economics, Islamic law, trade law, and documents related to precedents contained in Islamic law. Sources of supporting data used in this research come from scientific studies, articles, and books that support the research topic. From the perspective of Islamic economic law, the purchase of the Covid-19 vaccine in Indonesia is included in the Salam sale and purchase contract. MUI has announced that the Covid-19 vaccine product is halal and multifaceted. In accordance with Presidential Regulation No. 99 regarding vaccine procurement and vaccination implementation in 2020, the current sales contract is in effect. For the Covid-19 pandemic, if there is a mandatory threat, the contract can be extended. Or cancel. The government guarantees the safety, type and quality of halal products as well as the effectiveness of the Covid-19 vaccine (namely the POM and MUI). The type of covid-19 vaccine with guaranteed halal products and an emergency use license is the type of vaccine from PT. Bio Farma (Persero), Sinovach Biontech Ltd, AstraZeneca.Keywords : vaccine procurement, covid-19 vaccine, salam contract


2018 ◽  
Vol 54 ◽  
pp. 03019
Author(s):  
Tedi Sudrajat ◽  
Siti Kunarti ◽  
Abdul Aziz Nasihuddin

The Social Security System in Indonesia has been regulated by the government, and the program is managed by an agency called Social Insurance Administration Organization (BPJS). Associated with the existence of social security functions for workers, its practice presents a gap between what is expected and what is regulated. For this reason, it is therefore necessary to examine, firstly, what kind of legal protection of workers is covered by this national social security system managed in BPJS program and, secondly, what constraints are encountered in its implementation. This research is Juridical Normative one, with normative qualitative data analysis. The research finds that the social security is correlated not only with the welfare of employees who are assessed by the level of wages provided by the organization, rather it is also correlated with other factors in the form of health and safety assurance. In the broader context, social welfare is measured not only when the person is at work and gets social security benefits, rather the measure of his welfare is also applicable when the worker is not working and/or when they retire. On the basis of these, the social security program is an integral aspect of social security to which the government should give a legal protection.


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