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PT Taspen Executive Director A. N. S. Kosasih giving statement as the relevant party in the judicial review of Law No. 24 of 2011 on the Social Security Administrative Agency (BPJS Law), Wednesday (5/2) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The management of social security (in this case, pension guarantees) by PT Taspen Persero for state officials and civil servants adheres to the philosophy of service and appreciation. Therefore, if there is a merging of social security management, it is expected not to ignore the two elements.

This was conveyed by PT Taspen Executive Director A. N. S. Kosasih in the follow-up hearing of the judicial review of Law No. 24 of 2011 on the Social Security Administrative Agency (BPJS Law), on Wednesday morning (5/2/2020). The hearing of case No. 72/PUU-XVII/2019 was to listen to the statement of the Relevant Party, PT Taspen and the Employment BPJS. The Petitioners, retired and active civil servants (PNS), argued that Article 57 letter f and Article 65 paragraph (2) of the BPJS Law are unconstitutional.

Kosasih said that any merger needs to be implemented with clear focus and segmentation. He added that the management of social security must be carried out with the philosophy that appreciation for state officials cannot be ignored. He also stressed the importance of separating the management of social security from the private sector, including in terms of policies, services, and benefits of the intended social security. 

The merger of social security management not only will eliminate the pride of civil servants, but also can the philosophical element in the form of appreciation for service. It will also potentially interfere with the performance and devotion of state administrators in carrying out governmental tasks to serve the community. "Especially because the funds collected for these civil servants are less than [those for] the private workforce whose number is far higher," Kosasih explained. 

Cannot Be Transferred Yet 

In addition, Kosasih emphasized that there was no suitable basic social security program to be given to state officials and civil servants (PNS) as stipulated in Law No. 40 of 2004 concerning the National Social Security System (SJSN Law). In the meeting, Kosasih also explained that up to now there is no part of the PT Taspen program that can be transferred to the Employment BPJS because of the difference between the program and the Employment BPJS. In addition, the pension of state officials and civil servants are financed by the state budget. Thus, social security for state officials and civil servants continues to be managed by PT Taspen. 

Kosasih explained that the provisions of Article 57 letter f and Article 65 paragraph (2) of the BPJS Law had resulted in concern about the transfer of old age benefits programs and pension payments. Initially the program was managed specifically by PT Taspen, but it would be transferred to the Employment BPJS. As a result, the discourse created legal uncertainty for PT Taspen\'s programs\' participants. 

"It cannot be ascertained that by the transfer Taspen participants will get better services and benefits than the excellent services that have been provided by PT Taspen Persero. An institution that is indeed assigned by the Government to focus on organizing social security with a clear set of targets, that is state officials and civil servants with budgets originating from the state budget," Kosasih explained in a session chaired by Chief Justice Anwar Usman along with the other eight constitutional justices. 

Not Discriminating Professions

Meanwhile, BPJS\'s Deputy Director of Compliance and Law Salkoni, in his statement as the Relevant Party, conveyed that the institutional arrangements and mechanisms of BPJS as a national social security management agency is an open legal policy of lawmakers. 

"The Employment BPJS as a public legal entity is expected to improve the previous system so that it can provide service improvements with the principle of mutual cooperation which is carried out in stages. With the implementation of social security in a public legal entity namely the Employment BPJS, it is hoped that mutual cooperation will be achieved nationally without differentiating the profession of Indonesian citizens," Salkoni explained. 

In relation to the concept of transferring old age benefits programs and pension payments organized by PT Taspen Persero to the Employment BPJS, Salkoni explained that it originated from the mutual cooperation principle as regulated in Article 4 of the SJSN Law. The provision regulates the principles of the implementation of the national social security system. In conclusion, the management of social security cannot be carried out by profit-oriented state-owned enterprises but by a public legal entity with the benefits that are obtained, used, and returned to BPJS Employment participants. 

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. 

The Petitioners opined that lawmakers intended that the implementation of the pension and old age benefits program for civil servants and state be carried out separately. The Petitioners are concerned there could be potential loss of rights in that the benefits obtained through participation in the pension and old age benefits program could disappear along with the enactment of the provisions of the articles. 

Before concluding the session, Justice Anwar said that the next session would be held on Monday, February 17, 2020 at 11:00 WIB to listen to the statement of experts for the Government. (Sri Pujianti/ Annisa L./LA)

Translated by: Yuniar Widiastuti 

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