Attorney Bayu Prasetio delivering the points of the petition revision in the judicial review of the BPJS Law, Monday (17/2) in the Plenary Courtroom of the Constitutional Court. Photo by Humas MK/Gani.

JAKARTA, Public Relations of the Constitutional Court—The revision hearing of the judicial review of Law No. 24 of 2011 on the Social Security Administrative Agency (BPJS Law) was held by the Constitutional Court (MK) on Monday (17/2/2020).

The Petitioners\' attorney Bayu Prasetio delivered the petition revision, which is the addition of Article 57 of the BPJS Law that recognizes PT Askes (Persero) and stipulates that it continues to implement the health insurance program, including accepting registration of new participants until the operation of the Healthcare BPJS. PT Jamsostek (Persero) continues to carry out its operation and accepts registration of new participants until the operation of the BPJS Employment. "Article 57 instructs that Article 65 paragraph (1) of the BPJS Law to be implemented no later than 2029. So it is an affirmative article," Bayu said.

In the revised petition, the Petitioners also included data on the benefits that they are receiving, given their high-risk past active duty. "The program in Asabri is indeed to fulfill the unique character of the TNI [military]," Bayu said.

The Petitioners of case No. 6/PUU-XVIII/2020 are retired high-ranking Indonesian military (TNI) officials Endang Hairudin, M. Dwi Purnomo, Adis Banjere, and Adieli Hulu. They challenge Article 65 paragraph (1) of the BPJS Law that reads, "PT Asabri (Persero) shall transfer its social insurance program for the Armed Forces of the Republic of Indonesia and pension program to BPJS Employment at the latest by 2029." 

The Petitioners argued that the article potentially harm the Petitioners\\\' constitutional rights. The Petitioners used to receive duties that carry the risk of death, disability, missing in action, and high mobility. After retirement, the Petitioners expect not to lose the pension benefits that they have been receiving from PT Asabri, especially position confidentiality and personal data that they believe must be kept according to their oath. (Nano Tresna Arfana/Halim/LA)

Translated by: Yuniar Widiastuti

Translation uploaded on 2/19/2020