The rules concerning the right of workers to be registered with the Social Security Agency provided for in Article 15 paragraph (1) of Law Number 24 Year 2011 concerning the Social Security (Law BPJS) conditional declared unconstitutional by the Constitutional Court (MK). Decisions Number 82/PUU-X/2012 was read by Chief Justice of the Constitutional Court, Moh. Mahfud MD. He was assisted by eight constitutional justices on Monday (15/10) at the Plenary Court.

"To grant the petition of the petitioner entirely. Article 15 paragraph (1) of Law No. 24/2011 on the Social Security Agency, which states, "The employer shall register himself gradually and workers as participants in the Social Security Agency, according to the social security program that followed 'has no power legally binding if it meant negating the right of workers 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," said Mahfud read judgment petition filed by the Federation of the Association of Indonesian Union .

In the opinion of the Court that the Constitution was read by Judge Muhammad Alim explained Petitioner I M. Komarudin and Petitioner III Yulianti in the petition filed 70/PUU-IX/2011 Number substantive test of Article 13 paragraph (1) of Law No. 40 Year 2004 on National Social Security System, the wording is exactly the same with the editors of Article 15 paragraph (1) of BPJS petitioned for in the solicitation material for reasons contrary to Article 28H Paragraph (3) of the 1945 Constitution in paragraph [3.13.3] Constitutional Court Decision No. 70/PUU-IX/2011, the Court among other things considered, "... Article 13 paragraph (1) Social Security Law, which states, "The employer shall register himself gradually and workers as participants in the Social Security Agency, according to the social security program that followed 'contrary to the 1945 Constitution and therefore has no binding legal effect when interpreted negate the right of workers to register themselves as participants in social security at the expense of the employer if the employer obviously not enroll workers in Social Security Agency. Therefore, the article should be declared unconstitutional conditional so that more should be read, 'gradually Employers and employees must register as a participant to the Social Security Agency, according to the social security program are followed and employees are entitled to be enrolled as participants of the collateral the social responsibility of the employer if the employer has obviously not enroll workers in Social Security Agency '.

"Considering that based on the above considerations, the Court Article 15 paragraph (1) of BPJS not expressly guarantees workers' rights to social security should be declared contrary to the 1945 Constitution on parole. Thus, Petitioners' petition argued by law," said Alim. (Lulu Anjarsari / mh/Yazid.tr)