The purpose of writing was to know the law protection that should get by the labors whom worked particularly in palm oil plantation still unregistr to become member of Healthcare Insurance Body-Employment (BPJS Ketenagakerjaan). Because of become a member of BPJS Ketenagakerjaan is preventif way of Insurance Body to give the law protection. It is mean that the program covering of the insurance, such as; Working Accidental, Death Security, Retired Security, and Pension Security. The government also give penalty to employer (company) which broke the rights based on the Constitution Law no 24 chapter 15 year 2011 which determine the penalty for employer which failed to registering and pay the contribution for labors whom worked for them. Admnitrative penalty could be a written warning, eight years of prison or IDR 1,000,000,000.
Based on the regulation it is clear that worker or labor which joining the Healthcare Insurance Body-Employment could differently be:
- Worker or labor whom getteing paid,
- Worker/labor which works to employmer,
- Worker/labor which work,
- Worker/labor which works to employer, however, not the official government,
- Worker/Labor which is not getting paid, such as; online driver, bus driver, doctor, lawyer/advocat, and etc.
However, the implementation of Healthcare Insurance Body and Employemnet is still limited for covering the palm oil labor in Indonesia actually. Formally, it should give for the worker which is works as company employee and also labor who has permanent status that getting the benefits of social security program. Otherwise, social security program covers uncomplete registration, from four program there is one social security program and indeed labors were registered.
Eventough the role of labor on national development is still increase with the risk and responsibility and also the challenge. So that, for them are essential to give the protection, maintenance, and increasing the prosperity, futhermore they would increase the working productivity in advance. The law protection for abor could need because the their weak positition that mentioned by Zainal Asikin, which “Law protectio from the employer could implemented if there is a constituional/regulation for labor that forced the employer respect the regulation, allowed the multi stakeholders because the position in the law can not measured as juridical, but also as sociological and philosophy.
The reason why the company failed to contribute particularly for worker social security/labor because of financial factor, daily labor, contract labor, and also wholesale. While based on the consitutional that regulating the Healthcare Insurance Body-Employement stated that to become a member of insurance is a person, including a foreigner which is working at least six months in Indonesia and had paid the contribution.
Particular in North Sumatera Province, Insurance Body-Employment through social dialogue alongwith trade union/labor union (SP/SB) and Man Power Department in North Sumatera Province had stated the obstacles that faced in terms of syncronzing the employees’ data either in company level or Man Power Department in Province level. Until now the total members of Insurance Body-Employement in Sumatera Region account in one million numbers, including manufacture industry labors, while the total labors in palm oil sector could reachh 1,1 millions people.
Based on Presidential decree number 111 year 2013 about the changes of Presidential decree number 12 year 2013 for Health Security, employer or big scale company, medium, small, and state-owned companies are mandatory to registering the membership to Healthcare Insurance Body (BPJS) at least January 1, 2015. The employer obligate to registering themself and their workers as a member of insurance body with giving the contribution. If not, there is a penalty could give to employer. It could be a written report, punishment, and/or not getting the certain public services. While the implementation of Insurance Body-Employment suitable with the constitution suit the regulated on constitution number 24 year 2011 for Insurance Body-Employment should be started on July 1, 2015.