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Director of Litigation of the Law and Human Rights Ministry Ardiansyah representing the Government in a follow-up material review hearing, Thursday (16/1/2020) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—PT Taspen manages a benefit program for employees of state institutions, including officials and state civil apparatus (ASN) retirees. It differs from the program that the Employment BPJS run, which is for non-government employees. Until today, the regulation for the program run by PT Taspen differs from that of the Employment BPJS.

This was conveyed by Director of Litigation of the Law and Human Rights Ministry Ardiansyah on behalf of the Government in a follow-up material review hearing of Law Number 24 of 2011 on the Social Security Administrative Agency (BPJS Law). The hearing of case No. 72/PUU-XVII/2019, which was petitioned by retired and active civil servants, took place in the Plenary Courtroom of the Constitutional Court on Thursday (16/1/2020). The Petitioners argue that Article 57 letter f and Article 65 paragraph (2) of the BPJS Law are unconstitutional.

"Due to differing regulations of benefit programs by PT Taspen and the Employment BPJS, it is unclear what losses will be experienced by the Petitioners in the a quo case," Ardiansyah explained before the hearing led by Chief Constitutional Justice Anwar Usman, with the other eight constitutional justices.

Various Social Security Programs

Ardiansyah further explained that prior to the BPJS, which is based on the BPJS Law, Indonesia had organized several social security programs for private employees and civil servants. For civil servants, a civil servant savings and insurance fund program, Taspen, was developed, while for health insurance there was Askes. These two then merged into the Health BPJS and manages the health insurance program for all citizens, including civil servants. PT Taspen was given the authority to manage the old age benefits program and the civil servant pension payment program until the transfer to Employment BPJS no later than 2029.

Ardiansyah acknowledged that the social security organizing body based on the BPJS Law is the body appointed to carry out a comprehensive and integrated national social security program to ensure the fulfillment of basic living needs for each participant and/or their family members.

"Even though PT Taspen is regulated as a provider of occupational accident insurance and death insurance for ASN, its existence as a company formed [by] the Government is still recognized in carrying out its duties during the transition period in accordance with Law Number 24 of 2011 concerning the Law on Social Security Administrative Agency or BPJS Law, "explained Ardiansyah.

In the petition, the Petitioners said that they felt that their constitutional rights have been impaired due to decreasing benefits and services due to the transfer of the TASPEN program, which so far has benefited the Petitioners, to BPJS. According to them, the government’s policy or legal politics separates the management of social security for civil servants and for others. This is stated in PP 45/2015 in conjunction with PP 46/2015, which confirms that the Implementation of the Old Age Benefits and Pension Benefits for Participants among employers of state administrators is excluded from the PP and is mandated to be regulated in a separate government regulation. 

According to the Petitioners, lawmakers intended that the implementation of the pension and old age benefits program for civil servants and state officials (employees who work for state administrators) be carried out separately from the management of that for employees who works private employers. The Petitioners feel there will be potential loss of rights in that the benefits obtained through participation in the pension and old age benefits program will disappear along with the enactment of the provisions of the articles. 

Before concluding the session, Chief Justice Anwar reminded that the hearing would resume on Monday, January 27, 2020 at 11:00 WIB to hear the statements of the House and the Petitioners\' expert. (Sri Pujianti/LA)

Translated by: Yuniar Widiastuti

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