Constitutional Justice Suhartoyo speaking at a national work meeting of PT Taspen, Wednesday (9/7/2022). Photo by MKRI/Ilham.

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Wednesday, September 7, 2022 | 19:46 WIB

JAKARTA (MKRI)—The Social Security Administrative Body (BPJS) is a legal entity formed to implement social security programs as referred to in Article 1 point 6 of Law No. 40 of 2004. Through Decision No. 72/PUU-XVII/2019, the Constitutional Court (MK) stipulates that the body that manages social security programs cannot be only one, but they must be formed by law, said Constitutional Justice Suhartoyo when speaking at a national work meeting of the state-owned pension insurance firm PT Taspen on Wednesday, September 7, 2022. He delivered a presentation on “The Social Security System in Constitutional Interpretation,” where he related the Constitutional Court’s decisions that fell in line with PT Taspen as one of the managers of social security.

The Court, Justice Suhartoyo asserted, believes that the social security body must take into account the diversity of professions. Therefore, the existing limited liability companies must comply with Article 52 paragraph (1) of Law No. 40 of 2004, in terms of its formation, position, duties, and functions in implementing social security, without losing its legal entity status. “This is why the Court requested that the existing bodies were maintained,” he asserted.

He also emphasized that the integration of limited liability companies such as PT Taspen and PT Asabri into one Employment BPJS would be against the legislature’s intent when forming Law No. 40 of 2004 since it would lead to a single body. He then underlined that the discussion on such an integration must motivate existing legal entities to innovate and improve its services. It can also raise capital in order to give more benefits to its users.

Not Constitutional Court’s Jurisdiction

In the Q&A session, Abdul Ghofur from PT Taspen of Kediri asked the Court’s decision on PT Taspen not integrating with other social security bodies. He asked whether it will remain PT Taspen or might it assume another name or form. Justice Suhartoyo answered by saying that it would not be under the Court’s jurisdiction, especially in terms of the formation of a government regulation draft or a bill, since it would fall under the regulation of social security system. However, he reminded that any such policy be made in line with the Court’s decisions.

“When any regulation under the law leads to issues or has a constitutionality issue, it can be resolved in the Supreme Court. If the law is against the 1945 Constitution, that would be under the Constitutional Court’s jurisdiction. When a regulation is being adjudicated in the Supreme Court but its constitutionality is deemed problematic, the case in the Supreme Court can be suspended temporarily until the Constitutional Court passes a decision on the norm,” he explained.

Writer        : Sri Pujianti
Editor        : Lulu Anjarsari P.
Translator  : Yuniar Widiastuti (NL)

Translation uploaded on 11/10/2022 09:49 WIB

Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.

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