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:
1. Worker or labor whom getteing paid
2. Worker/labor which works to employmer
3. Worker/labor which work
4. Worker/labor which works to employer, however, not the official government
5. 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.
It is almost five years of the law protection program for labor/workker and its look real particularly for labor in palm oil sector. At least it can be seen that 65% of the labors from each plantation company which have daily workers (BHL) and mostly are women and they worked at maintenance department such as spraying and fertilizing that vunerable to get chemical compound. As the findings from Man Power Department in province level stated that the company only partly registering their workers, half of social security program and also half salary that accepted by the workers actually. This condition should get more attention and concreate solution that lead not to be problem because its implementing for half of decade.
The government should take serious response because the legal protection for monitoring, improving, and also the prosecution are clear. Insurance Body for this term is essential to effectively and more solid including taking partnership with trade union/labor union in term conducting the socialisation for worker/labor also company management about the program and benefits of Healthcare Insurance and Employement. Since there still workers/labors did not know about the benefits and advantages of Insurance Body-Employement program so public tend to think that they still unsuccessful.
Then the coaching and monitoring for employee from the Man Power Department should take seriously and strict in order the implementation of the penalty for employer that failed to conduct the contribution. Lack of power by the official government in order to conduct monitoring and enforcing the penalty can lead the workers/labors condition because trade union is felt unprotected. Work risk that occurs by the palm oil workers so far not only in formed of work accidental generally but also the threat of wild animals. In the next following years this condition is still uncovering, so that there would be some argue that the government tend to company side that the workes/labors. Because the presence of improvement, the legal protection could convert from minimum to become real for the palm oil workers.