The Nature of Legal Protection for Formal Workers in the Social Security System

Abstract

Since January 1, 2014, the implementation of the Social Security System in Indonesia, through BPJS Employment, has been a critical step in ensuring the welfare of formal workers. The government holds significant responsibility in guaranteeing the well-being of formal workers through social insurance, as stipulated by Pasal 34 dan Pasal 28H UUD 1945. The primary objective of this social security system is to protect workers from various socioeconomic risks and to support the welfare of both workers and their families. This research utilizes a normative and empirical approach, gathering data from legal literature and field studies conducted in several companies in Kendari. The findings show that although the number of formal workers registered in BPJS Employment continues to increase annually, challenges persist, particularly regarding company compliance and the lack of outreach in the informal sector. Another challenge is the disharmony between regulations at the central and regional government levels, leading to confusion in implementation on the ground. Informal workers, who constitute a significant portion of Indonesia's workforce, are still not fully protected within the social security system. The research emphasizes the importance of policy reforms that are more inclusive, including the simplification of registration procedures and more effective campaigns to increase participation among informal workers. In conclusion, while legal protection for formal workers has been reasonably effective, efforts to improve supervision, regulation, and expand coverage to include informal workers are necessary to create a more equitable and just social security system, in line with the principles of social justice enshrined in the constitution.