| Summary: | The study titled �Judicial Review of Employee Social Security (Jamsostek) Program
at PT. PLN (Persero), takes the issues on the Legal Basis used by PT PLN Worker Union
when refusing JAMSOSTEK program managed by PT Jamsostek, the social security program
self managed by PT. PLN (Persero) as a substitute, the obstacles which may be found by
PT. PLN (Persero) in regards to the implementation of jamsostek program and what
counteracts may be taken by PT. PLN (Persero) to overcome the obstacles found in jamsostek
program performance.
This study is a normative study using literature data or data obtained from PT. PLN
(Persero) and supported with field study. This study was conducted in Jakarta. Data obtained
from literature study and field study was analyzed with a descriptive qualitative method.
Constitutional Court through its decision No. 007/PUU-III/2005, nullify Article 5
paragraph (2), (3) and (4) of Law No. 40 Year 2004 concerning National Social Security
System regarding the Social Security Implementation Board not as the single administrator.
Based on that, according to the Worker Union this Constitutional Court Decision also applies
to Law No. 3 Year 1992 concerning Jamsostek. According the Law this reason is not
appropriate, because the nullification on the Constitutional Court Decision only meant for
Law No. 40 Year 2004 concerning National Social Security System not for Law No. 3 Year
1992.
In regards to the dministration of Social Security program, as for the obstacles faced
by PT. PLN (Persero), among which is the insistence by PT Jamsostek to the management of
PT PLN, to enroll all employees of PT. PLN (Persero) in the labor social security program at
the PT. Jamsostek. And from the Workers Union, while the implementation of Labor Social
Security program has been arranged in the Joint Working Agreement (CLA), which any
changes or amendment can not be done unilaterally by the Board of Directors without the
approval by Workers Union of PLN.
As for legal measures taken by the PT. PLN (Persero) to overcome obstacles in
organizing Social Security program, namely PT. PLN (Persero) enrolled the social security
program from PT Jamsostek. However, all claims received by the company will be handled
by the company itself since the program is organized by the company who pays a premium,
and not directly charged to the employee, considering the Social Security card was held by
the Company / Management PLN and not by the employee
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