Constitutional Justice Suhartoyo questioning Petitioners’ expert Iman Supriadi virtually at a judicial review hearing of the BPJS Law, Thursday (17/9) in the Courtroom of the Constitutional Court. Photo by Humas MK/Gani.
JAKARTA, Public Relations of the Constitutional Court—The Constitutional Court (MK) held another judicial review hearing of Law No. 24 of 2011 on the Social Security Administrative Agency (BPJS Law) on Thursday, September 17, 2020 with strict compliance with COVID-19 health protocols. The justice bench heard two experts for the Petitioners virtually.
The Petitioners of case No. 6/PUU-XVIII/2020 presented expert Imam Supriadi, who said that TNI (military) and police officers are dedicated to the state for life, not only while on active duty but also when not. This lifelong dedication distinguishes retirees under the state-owned insurers Asuransi Jiwasraya and Asuransi Sosial Angkatan Bersenjata Republik Indonesia (Asabri) and the Employment BPJS.
“The similarity is that both are retirees. The difference is their rights and obligations. While on active duty, the Petitioners lost the right to form a union as a human right that is guaranteed by the 1945 Constitution. In addition, when retired, the Petitioners have several obligations and can be reactivate during emergency. Meanwhile, retirees under the Employment BPJS, mostly [former] private employees, when [they were still working they] could be members of a workers’ union,” said Imam before the bench led by Chief Justice Anwar Usman.
He added that implicitly the Government had admitted that the Petitioners couldn’t be compared to the general workers, so they need a different social security as an appreciation for their lifelong service. Military members are different from civil workers as the Defense Minister/Commander of the National Armed Forces (Menhankam/Pangab) saw the need to form an internal insurance company that would accommodate the risky duty of the military and the police. So, pursuant to the Government Regulation No. 45 of 1971, state-owned company Perum Asabri was established to manage the social security of members of the armed forces (TNI), the police, and civil servants (PNS) in the Ministry of Defense and the Police force.
Imam said it is natural that the Petitioners receive a different social security for their lifelong service, which currently covers social security and death benefits for the Petitioners and their families as well as the 13th pension. However, the Petitioners argued that there are no regulations regarding the transfer of old age savings and pension from PT Asabri (Persero) to the Employment BPJS in Article 66 of Law No. 24 of 2011, leading to uncertainty.
“Will the Petitioners receive pension benefit that are different from that under the Employment BPJS? For example, the 13th pension. If they will, this means the pension benefit program isn’t in line with the President’s and the Employment BPJS’ intention to realize social security based on mutual cooperation regardless of profession. If they won’t, retirees under the Employment BPJS will receive the same benefits as the Petitioners. This is unfair to the Petitioners as there are no distinctions between retirees under the Employment BPJS and themselves,” Imam said.
High-Risk Duty
The other expert Djoko Sungkono responded to the Employment BPJS’ (Relevant Party) statement at the hearing on July 23 that the Petitioners don’t have legal standing and that their petition is premature. “The Petitioners’ petition is valid, not premature, and can be reviewed from the benefits that they have been receiving as members of PT Asabri (Persero). As we know, Asabri covers old age savings, life insurance, work accident insurance, pension plans, KPR (mortgage) down payment loans, policy loans,” he said.
Djoko said their high-risk duty requires social security that isn’t covered by the Employment BPJS. The petition, he said, is focusing on pension benefits and old age savings. The Government Regulation No. 45 of 2015 on the Implementation of Pension Security Program stipulates that pension security is a social security aimed to maintain a decent living for the participants and/or inheritors by providing incomes after the participants’ retirement, permanent total disability, or death.
“Comparing the benefits of the pension security program by PT Asabri (Persero) and the Employment BPJS, the maximum pension [covered by] PT Asabri (Persero) is 75 percent of the base salary, while for the Employment BPJS it is only 40 percent. As an illustration, if a group IV-a civil servant receives a 5-million-rupiah salary, members of the PT Asabri (Persero) pension security program will receive a pension of maximum 3,750,000 rupiah, while members of the Employment BPJS will receive a maximum of 2 million rupiah. There is a significant difference,” Djoko said.
The death benefits by PT Asabri (Persero) are given to members of the armed forces (TNI), the police, and civil servants in the Ministry of Defense and the Police force who are still active, are retired, as well as for their families. However, the Employment BPJS only covers active employees. The distinct characteristics of members of the PT Asabri (Persero) pension security program aren’t insignificant, such as the 13th pension, which the Employment BPJS doesn’t cover.
Djoko asked whether the retirement age in certain cases, such as among tamtama, bintara, and perwira (enlisted, non-commissioned, officers) as well as civil servants in the Ministry of Defense and the Police force, can be adjusted to the Employment BPJS, which is increased by one year every three years. The social security for workers must compare between existing pension funds and long-term payments.
He also said that the Government Regulation No. 45 of 2015 stipulates that the pension program contribution will be reviewed every three years, starting from 2019. The increase of the contribution of the Employment BPJS will be difficult to apply because the current macro economy hasn’t met expectations, members often reject the increase, and there could be unpredictable conditions such as the COVID-19 pandemic.
Also read:
Transfer from ASABRI Program to Employment BPJS Challenged
BPJS: Transfer of Pension Doesn’t Reduce Benefits for Participants
The case No. 6/PUU-XVIII/2020 was filed by retired Indonesian military (TNI) officials Endang Hairudin, M. Dwi Purnomo, Adis Banjere, and Adieli Hulu, who 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 their constitutional rights. They used to receive duties that carry the risk of death, disability, missing in action, and high mobility. After retirement, they 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.
Writer: Nano Tresna Arfana
Editor: Lulu Anjarsari
PR: Muhammad Halim
Translator: Yuniar Widiastuti (NL)
Translation uploaded on 9/23/2020 21:22 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian version, the Indonesian version will prevail.
Thursday, September 17, 2020 | 18:24 WIB 367