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Indra, Government expert, in the judicial review of the Social Security Administrative Agency (BPJS) Law, Monday (17/2) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

JAKARTA, Public Relations of the Constitutional Court—The upcoming reform to pension and old age benefits of civil servants will be based on right and appreciation, said the National Social Security Council member Indra Budi Sumantoro in the follow-up hearing of the judicial review of Law No. 24 of 2011 on the Social Security Administrative Agency (BPJS Law) on Monday (17/2/2020). The hearing of case No. 72/PUU-XVII/2019 was petitioned by retired and active civil servants (PNS), argued that Article 57 letter f and Article 65 paragraph (2) of the BPJS Law are unconstitutional.

As an expert for the Government, Indra those benefits are part of the National Social Security Program by the Employment BPJS based on Law No. 40 of 2004 on National Social Security System (SJSN) and Law No. 24 of 2011 on Social Security Administrative Agency (BPJS), meaning that the state is responsible for protecting all citizens from risks such as illness, disability, old age, and death away from poverty. "So, the protection benefits provided is limited to basic needs," Indra explained before the session chaired by Chief Justice Anwar Usman.

Those benefits are also an appreciation for civil servants. The on top or top up pension benefits may be managed by PT Taspen or another institution based on government policy. Indra also talked about other advantages to those benefits, such as employers being able to hire best employees, improving employee loyalty to minimize turnover, and providing protection to special risks.

"In fact in Indonesia both of these things are already running in the private sector. Several companies register their employees in both BPJS and employer-sponsored pension fund (DPPK) or even cooperates with the financial institution pension fund (DPLK) in providing additional pension benefits as part of employee welfare programs," explained Indra. 

Universal

Indra believes that social security is universal, so must be portable as mandated in one of the SJSN principles. This portability is needed in order to ensure that the state always guarantees protection. When a civil servant becomes a participant in the SJSN pension and old age benefits insurance program organized by the Employment BPJS, someone who previously worked in the private sector and then becomes a civil servant will not need to worry about losing their social security rights. "Because the portability principle has been applied, and the Government as the employer only needs to continue the social security contributions for those concerned," Indra said. Indra concluded that there was no disharmony between the ASN Law, the SJSN Law, and the BPJS Law. Indra considers these three laws harmonious and synergistic with each other. 

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. (Sri Pujianti/Annisa/LA)

Translated by: Yuniar Widiastuti

Translation uploaded on 2/19/2020

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