scholarly journals Legal Status of The Social Security Administrator (BPJS) As A Public Legal Entity

2020 ◽  
Vol 19 (3) ◽  
pp. 829
Author(s):  
Diah Arimbi

The Social Security Administrator (BPJS) as an independent public legal entity has its legal position and authority. Because of the regulation issued by the Ministry of Health, the independence of BPJS is interfered with. The relationship that has not been well organized and elegant between BPJS and the Ministry of Health has caused many program problems in the field. Therefore, we need to figure out where the position of BPJS is as a state institution with a public legal entity. The BPJS forms the basis of the Welfare State, through which the government carries out its role of providing basic citizens’ rights to life. Based on Article 28 H and 34 of the 1945 Constitution, the National Social Security System (SJSN) law was established. The Social Security Administrator for Health (BPJS Kesehatan), a legal entity established by the law to administer social security programs, was then formed. Based on those bases, the relationship between BPJS of Health and the Ministry of Health is functional so that the BPJS as a state institution responsible to the President has complete independence. Keywords: Social Security Administrator for Health; Public Legal Entity; Legal Position.

2020 ◽  
Vol 32 (2) ◽  
Author(s):  
Resly Sistiaperdani ◽  
Cucu Zubaedah ◽  
Riana Wardani ◽  
Ayu Trisna Hayati ◽  
Dyah Nindita Carolina

Introduction: One of the human rights is the right to live prosperously. Indonesian government provides social security for workers, namely the Social Security Administrator for Employment (BPJS Ketenagakerjaan). Social Security Administrator for Employment has a specific set of regulations set by the government. Social Security Administrator for Employment participants obtains the value of benefits through the social security program. This study was aimed to analyse the relationship between regulations and the value of benefits obtained by BPJS Employment participants. Methods: This research was a correlational descriptive study with a survey method. Results: Most respondents stated strongly agree with the regulations of Social Security Administrator for Employment (85.09%), and most respondents felt that they gained a lot of the value of benefits as expected (83.80%). The results of the Spearman correlation test between the Social Security Administrator for Employment regulations with the values obtained by respondents, which resulted in p = 0.0001 with α = 0.05. The p-value that lower than the α indicates a significant relationship. Conclusion: There is a relationship between the regulations of Social Security Administrator for Employment and the values obtained for the participants, with the direction of positive correlation and the moderate correlation strength.


Author(s):  
Oleksii Chepov ◽  

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.


2013 ◽  
Vol 3 (1) ◽  
pp. 75
Author(s):  
Eny Sulistyowati ◽  
Totok Danangdjojo

<span><em>This study aims to explain the influence of the Social Security </em><span><em>program on performance and job satisfaction and job stress as a mediating </em><span><em>variable. In addition, this study also describes the effect of job satisfaction on </em><span><em>the performance and the effect of work stress on performance. The relationship of </em><span><em>each variable in this research is to be measured by conducting a survey on 145 </em><span><em>employees of private companies that included in Social Security program on </em><span><em>DIY and Solo. Then the path analisys used to test the effect of social security </em><span><em>program performance in mediation by job satisfaction, performance and job stress</em><span><em>, job satisfaction, and examines the effect on the performance and the effect of </em><span><em>work stress on performance. The results showed that the social security program </em><span><em>significant positively affects job satisfaction and performance. Job satisfaction was </em><span><em>also positively and significantly affect performance. Even though mediating role </em><span><em>of job satisfaction in the relationship between social security program performance </em><span><em>partial. Because merely direct relationship between social security program with </em><span><em>greater performance than the mediating role of job satisfaction. Social Security </em><span><em>program did not significantly affect the stress of work, as well as job stress did </em><span><em>not significantly affect performance. Therefore, the mediating role of work stress </em><span><em>on the relationship between social security program with the performance did not </em><span><em>occur. Individual differences and work experience may be a factor that causes no </em><span><em>significant relationship between the two variables.</em></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span></span><br /></span>


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 10 (1-2) ◽  
pp. 138-152
Author(s):  
Viktoriia O. Khomenko ◽  
Leonid V. Efimenko ◽  
Valentyna A. Vasilyeva

Abstract Entrepreneurial activity is one of the main factors in the development of the market economy of the state, the internal and external markets of Ukraine and innovative industries. Therefore, the main purpose of this article is to analyse the peculiarities of the legal position of a company after a decision has been made to terminate it. It is established that the liquidation of legal entities is performed without the transfer of the rights and obligations of the liquidated enterprise to other persons, i.e. without succession. Upon liquidation of the enterprise, its rights and obligations are terminated. The current civil legislation does not provide for the limitation of the powers of the liquidation commission in cases of liquidation based on a court decision. It is argued that the liquidation commission be terminated when an entry on termination of the activity of a legal entity is made in the unified state register.


Tunas Agraria ◽  
2018 ◽  
Vol 1 (1) ◽  
Author(s):  
Wahyu Andi Kurniawan ◽  
Setiowati Setiowati ◽  
Theresia Supriyanti

Abstract: The implementation of the PTSL Program by the government annually has the objective that all land parcels in Indonesia can be fully registered by 2025. One of the products of the implementation of the PTSL Program is the ownership of a land titling certificate that has social and economic impact on the community. Given the social and economic impacts of land rights certificates, the public's expectation of the PTSL Program will increase. This study aims to analyze the relationship and the influence of social and economic factors felt by the community with expectations on the implementation of PTSL in 2017. The research method used is quantitative by using a measure of Likert scale which is then analyzed based on correlation coefficient and regression so it is known that the relationship and the influence of social and economic factors with expectations of private universities. The result of this research is there is a significant correlation between social factor and economic factor with expectation to PTSL equal to 0,531 so that can be categorized as strong relation with significance value 0,000 <0,05. There is a significant influence between social factors and economic factors with expectations of PTSL of 0.298 with a significance value of 0.000 <0.05.Keywords: complete systematic land registry, public expectations, social and economic factor Intisari: Pelaksanaan Program PTSL oleh pemerintah setiap tahunnya memiliki tujuan agar seluruh bidang tanah di Indonesia dapat terdaftar seluruhnya pada tahun 2025. Salah satu produk dari pelaksanaan Program PTSL adalah kepemilikan sertipikat hak atas tanah yang memiliki dampak sosial dan ekonomi kepada masyarakat. Dengan adanya dampak sosial dan ekonomi dari sertipikat hak atas tanah maka harapan masyarakat terhadap Program PTSL akan semakin meningkat.Penelitian ini bertujuanmenganalisis hubungan dan pengaruh faktor sosial dan ekonomi yang dirasakan oleh masyarakat dengan ekspektasi terhadap pelaksanaan PTSL pada tahun 2017. Metode penelitian yang digunakan adalah kuantitatif dengan menggunakan alat ukur berupa skala likert yang kemudian dianalisis berdasarkan koefisien korelasi dan regresi sehingga diketahui besar hubungan dan pengaruh faktor sosial dan ekonomi dengan ekspektasi terhadap PTSL.Hasil penelitian ini yaitu terdapat hubungan yang signifikan antara faktor sosial dan faktor ekonomi dengan ekspektasi terhadap PTSL sebesar 0,531 sehingga dapat dikategorikan sebagai hubungan yang kuat dengan nilai signifikansi 0,000 < 0,05. Terdapat pengaruh yang signifikan antara faktor sosial dan faktor ekonomi dengan ekspektasi terhadap PTSL sebesar 0,298 dengan nilai signifikansi sebesar 0,000 < 0,05.Kata kunci: pendaftaran tanah sistematis lengkap, ekspektasi masyarakat, faktor sosial dan ekonomi


2018 ◽  
Vol 20 (3) ◽  
pp. 242-252
Author(s):  
Michele Sammicheli ◽  
Marcella Scaglione

The authors1 trace the evolution of the social security concept of capability for work in ‘employment suitable for skills’. This principle emerged at the end of the 1930s during the Fascist period, and it is the foundation for the current Italian law (no. 222 of 1984) relating to social security insured sickness. Having described the concept and its historical evolution, they highlight the developments that have had to take place in the last decade, due to changes in working conditions and the growing economic crisis that has affected all of Europe. They then analyse three cases to confirm that the recent economic crisis in the Italian and European labour markets has had an impact on the medical-legal assessment of a work activity as suitable for the capabilities. A careful examination of the relationship between sickness, disability and capacity for work in other EU and non-EU countries is undertaken to highlight the delicate social and medical issues surrounding job retention and the return of disabled persons to work.


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.


2020 ◽  
Vol 8 (06) ◽  
pp. 220-225
Author(s):  
Fauzan Prasetya ◽  
Busyra Azheri ◽  
Ismansyah ◽  
Sukanda Husin

The Government through the Minister of State-Owned Enterprises (SOEs) in his position as a Shareholder in SOEs (Indonesian: Badan Usaha Milik Negara (BUMN) enacts the Minister of SOE Regulation Number: PER-15 / MBU / 2012 Regarding Amendments to the Regulation of the State Minister of State-Owned Enterprises Number PER-05 / MBU / 2008 Regarding Guidelines General Implementation of Procurement of Goods and Services of State-Owned Enterprises in SOE Subsidiaries. Which actions have raised the pros and cons of the capacity of the Minister of SOEs as BUMN shareholders in SOE subsidiaries. The legal status of BUMN subsidiaries in the BUMN holding scheme remains a separate legal entity that has their respective organs and responsibilities as regulated in the Law of PT. When the SOE Minister acts on behalf of the State, he is the shareholder of SOE as contained in Article 1 paragraph (1) of the BUMN Law. As a shareholder, the Minister of SOEs can only establish policies towards SOEs. Whereas in SOE Subsidiaries, the shareholders are SOEs as legal subjects. So that the provisions of Article 1 number (2) SOE Ministerial Regulation Number 3 of 2012 whereby the Minister of BUMN cannot act as a shareholder. The enactment of BUMN Permen 15/2012 to SOE Subsidiaries by SOEs Minister in his capacity as BUMN shareholder is an ultra vires action.


2013 ◽  
pp. 91-120
Author(s):  
Edoardo Bressan

In Italy, from the 1930s until the end of the century, the relationship between the Catholic world and the development of the Social state becomes a very relevant theme. Social thought and Catholic historiography issues witness a European civilisation crisis, by highlighting problems of poverty and historical forms of assistance. Furthermore, by following the 1931 Pope Pius XI encyclical Quadragesimo anno these issues interacted with fascist corporativism. After 1945, other key experiences arose, as the discussion on social security as the conclusion of the whole public assistance debate shown. These themes are reported in the Bologna social week works in 1949 and in Fanfani's and La Pira's positions, which present several correspondences with British and French worlds, such as Christian socialism, Reinhold Niebuhr's thought and Maritain's remarks. The 1948 Republican Constitution adopts the Welfare State model assumptions, and it is in those very years that the problem of a system based on a universal outlook arose. Afterwards, governments of coalition led by centre and left-wing parties fostered social security through welfare and health reforms until the '80s. While this model falls into crisis, and new social actors begin to be involved in a context of subsidiarity.


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