Social security is a right of everyone, without exception, including the workers / laborers as the provisions of Article 28H Paragraph (3) of the 1945 Constitution. Act 24/2011 regarding Social Security Agency (BPJS Act) passed by the Government and the Parliament on November 25, 2011, aims to provide protection to every worker / laborer without exception. However, the rights of workers / laborers to social security can only be achieved if employers enroll workers into BPJS as stipulated in Article 15 paragraph (1) of BPJS which states: "An employer shall register himself gradually and employees as participants to the appropriate BPJS the Social Security program that followed ".

Regarding the existence of criminal sanctions for failure to companies or employers in enrolling their employees participation in social security or labor organizing national social security system, it is not guaranteed that the worker / laborer on his side.

It is presented by Andi Muhammad Asrun as Petitioner's attorney at the hearing in the Constitutional Court (MK), Friday (09/07/2012) morning. The trial of case no. 82/PUU-X/2012 particulars of Article 15 paragraph (1) is preliminary examination. Application for judicial review was filed by the law BPJS M. Komarudin, Chairman of the Trade Union Federation of Association of Indonesia (FISBI), Muhammad Hafizd, Head of Secretariat FISBI, and Yulianti, Staff PT. Megahbuana Citramasindo.

Furthermore, before a panel of judges in constitutional Muhammad Alim (panel chairman), Ahmad Fadlil Sumadi, and Anwar Usman, expressed Asrun change the Law on Social Security no longer pay attention to the Constitutional Court Decision No. 70/PUU-IX/2011 because he was born after the Constitutional Court and the Constitutional Court revise the same article with the Act has given interpretation of the constitution. Consideration of the Court in Decision No. 70/PUU-IX/2011 which was read at the last date of August 8, 2012, at 3:12 paragraph said, "Considering that the Petitioners argue, the provisions of Article 4 paragraph (1) Social Security Act has impaired the constitutional rights of the Petitioners, as protection of accidents, illness, pregnancy, maternity, old age and death can only be obtained if the employer where the worker / laborer working register workers / laborers to the administering body, namely. Social Security as stipulated in Article 4 paragraph (1) of Social Security, while the obligation of the employer to gradually employees must register as a participant to the Social Security Agency in accordance with the social security program that followed as referred to in Article 13 paragraph (1) to fulfill the Social Security Act constitutional rights guaranteed in Article 28H Paragraph (3) of the 1945 Constitution ...”

"We considered that Article 4 paragraph (1) Social Security Act and Article 13 paragraph (1) Social Security Act was contrary to Article 28H Paragraph (3) of the Constitution of 1945," continued Asrun.

The petitioners through their proxies ask the Court to grant them. "We appeal to the noble, first accept and grant the applicant for all," pleaded Asrun.

The petitioners also asked the Court declared Article 15 paragraph (1) of BPJS contrary to Article 28H Paragraph (3) of the 1945 Constitution if interpreted as negating the right of workers / laborers to enroll as participants of the social security at the expense of the employer if the employer has clearly organizers did not enroll workers in social security.

Then, declare Article 15 paragraph (1) of BPJS more should read: "The employer is gradually register their employees as participants to the organizers of the social security agency, in accordance with the social security program followed and workers have the right to register themselves as participants in the social security program shall be borne by the employer if the employer has obviously not enroll workers in Social Security Agency ".

"Declare this decision in the Official Gazette of the Republic of Indonesia. Or if another Constitutional judges, please fairest decision,"said Asrun. (Nur Rosihin Ana / mh/Yazid.tr)