INSURANCE SYSTEM OF WORKERS SOSIAL SECURITY AGENCY IN CONSTRUCTION PROJECT

Transcription

1 International Journal of Civil Engineering and Technology (IJCIET) Volume 9, Issue 9, September 2018, pp , Article ID: IJCIET_09_09_186 Available online at ISSN Print: and ISSN Online: IAEME Publication Scopus Indexed INSURANCE SYSTEM OF WORKERS SOSIAL SECURITY AGENCY IN CONSTRUCTION PROJECT Dara Pustika Sukma Student of Law Science Doctoral Program, Sebelas Maret University, 57126, Surakarta, Indonesia Adi Sulistiyono Faculty of Law, Sebelas Maret University, 57126, Surakarta, Indonesia Widodo Tresno Novianto Faculty of Law, Sebelas Maret University, 57126, Surakarta, Indonesia ABSTRACT Article 27 clause (2) of Undang-Undang Dasar 1945 (thereafter called 1945 Constitution) reads Every citizen shall have the right to work and to earn a humane livelihood. The provision contained in the constitution is interpreted as follows: social security is every citizen s right and should be guaranteed for its implementation by the government. Every company obligatorily registers its workers as the members of Social Security Agency (Badan Penyelenggara Jaminan Sosial, thereafter called BPJS), while individuals or families not working in a company obligatorily register themselves and their family members to be the member of BPJS. The objective of research was to describe anything related to the implementation of work-related accident Security in Workers Social Security Agency (thereafter called BPJS Ketenagakerjaan) to construction workers in Indonesia. The approach employed in this study was normative method, because this study conceptualized what is written in legislation developed by the authorized state institution. The author looked for and analyzed the norms of law contained in legislation regarding anything related to the implementation of work-related accident Security in BPJS Ketenagakerjaan to the workers in Indonesia. This study was a descriptive research. Descriptive research generally aims to describe systematically, factually, and accurately a certain object. The result of research Nationally, the number of accidents of work construction sector Employment BPJS version, always perched at 32 percent, with the manufacturing industry compete are also always perched on the range of numbers 31 percent. Reference data BPJS employment, work accident cases which occurred in 2016 (up to November) recorded the incident with the victim 101,367 died 2,382 people, whereas in 2015 was recorded with the victim died 110,285 2,375 people. Key words: Insurance, Work-Related Accident Security, BPJS Ketenagakerjaan editor@iaeme.com

2 Insurance System of Workers Sosial Security Agency in Construction Project Cite this Article: Dara Pustika Sukma, Adi Sulistiyono and Widodo Tresno Novianto, Insurance System Of Workers Sosial Security Agency In Construction. International Journal of Civil Engineering and Technology, 9(9), 2018, pp INTRODUCTION Indonesia is a developing state with the fourth largest number of populations in the world. The large number of populations in Indonesia makes it have adequate and productive laborers. Laborers or workers obligatorily comply with the regulation specified by job provider and are entitled to obtain their rights as workers. Workers right and obligation is developed and approved in work agreement. In a work agreement there should be 3 (three) following elements: subordinates, job completion, and wage. Every agreement will result in a bond between two individuals entering into it. One of rights the workers can obtain is mentioned in Article 28 letter H clause (3) of RI s 1945 Constitution stating that every individual is entitled to get social security enabling his/her self-development completely as a dignified human. To ensure a worker s right to social security as aforementioned, the presence of workers social security is very important. The workers social security is a protection for the workers in the form of monetary compensation as the substitute for some of income and service lost or reduced due to unexpected event or incidence. The construction industry is a major player in the economy, generating both, employment and wealth. However many projects experience extensive delays and thereby exceed initial time and cost estimates.(sweis et al. 2008) Consultation plays an important role in project management during construction process. Development project benefits the customer satisfaction and consists of development business, profit, human resource utilization, and etc, because this consultation plays multifaceted role in construction project and usually is involved in the project from the beginning to the completion of project. It is important to understand consultation in project management and authority field. Doing so ensures that the role of consultant can be maximized completely in every construction project. Usually the work is managed by project management and supervised by Construction Manager, and designer, constructor or architect. Management efficiency is required to get high competitiveness (Nikumbh and S.S. Pimplikar 2014). We investigate the role of health insurance coverage in explaining transitions in and out of entrepreneurship in the U.S. We first consider the effect of individual coverage, along with that from a spouse, on the likelihood of entry and exit.(gumus,regan 2015) The number of accidents of work in Indonesia is still high. Citing data on social security governing body (BPJS) employment, until the end of 2015 to have occurred as many as 105,182 accidents cases. Meanwhile, in the case of severe accidents resulting in death was recorded as much as 2,375 cases out of a total number of work accidents. Director-General of the construction supervision of the employment and Workplace safety and health (PPK and K3) Ministry of Labor (Kemnaker), the amount of said Handaya Muji work accident from year to year are having an increasing trend. Muji noted, for a total amount of work accident ready year experience increased to 5%. "But for heavy work accident trends nearly enough larger i.e. approximately 5%-10% each year, " said Muji, last weekend. Some of the accidents that occurred last year, among others, the case of the explosion and fire at PT Mandom Indonesia, "plane crash victims with lift workers of PT Nestle Indonesia, robohnya crane in the building Partners I work on accidents and Unfortunate Alfamart Pekanbaru. Though not detailing, Muji said in the past year the number of cases of accidents which have already entered into the realm of investigation and expressed complete (P-21) the amount reached 81 companies. The main cause of the accident is still working the low awareness of the editor@iaeme.com

3 Dara Pustika Sukma, Adi Sulistiyono and Widodo Tresno Novianto importance of the implementation of K3 among industry and the public. During the implementation of K3 is often thought of as the cost or burden of cost, not as an investment to prevent the occurrence of accidents. Previously, Plt Ceo Employment BPJS Elvyn Masassya mention, for the workers who participated in a work Accident Assurance program (JKK) then will get a medical action to recover aka no limits the cost of treatment. In addition, for the workers who died or permanent disability or total, will get the funeral expenses as well as the awarding of the scholarship for the heirs and benefit others.(badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan 2016) Nationally, the number of accidents of work construction sector Employment BPJS version, always perched at 32 percent, with the manufacturing industry compete are also always perched on the range of numbers 31 percent. Reference data BPJS employment, work accident cases which occurred in 2016 (up to November) recorded the incident with the victim 101,367 died 2,382 people, whereas in 2015 was recorded with the victim died 110,285 2,375 people.(i Safety Magazine 2017) The main objective of research is to investigate the factors supporting and inhibiting the insurance system of BPJS Ketenagakerjaan in construction sector, using non-doctrinal or empirical method on stakeholders related to insurance financing system. The result of research shows that the substance of Law Number 24 of 211 about Social Security Agency or Social Security Administration Organization (Badan Penyelenggara Jaminan Social, thereafter called BPJS) governing BPJS Ketenagakerjaan states that Work-Related Accident Security (thereafter called JKK) Program is one of government and job provider s programs aiming to give certainty about service and compensation security when workers experience accident on their way to workplace, during doing the job task, and any work-related diseases. Work-Related Accident Security (JKK) consists of transportation cost for the workers encountering work-related accident, medical treatment cost, rehabilitation cost, substitution of wage during work leave, partial permanent disability compensation, permanent total disability compensation, death compensation (according to the label), funeral cost, periodical compensation for the one died and with permanent disability (Siswanto Sastrohadiwiryo, 2003), Manajemen Tenaga Kerja Indonesia Pendekatan Administratif dan Operasional. Jakarta; PT. Bumi Aksara. p.32). Similarly, Article 9 clause (2) of Law Number 24 of 2011 about Social Security Agency or Social Security Administration Organization mentions that: BPJS Ketenagakerjaan, as mentioned in Article 5 clause (2) letter b, functions to organize work-related accident security program, death security program, pension security program, and old age security. Before Law Number 24 of 11 about Social Security Administration Organization (UU BPJS) takes into effect, the work-related accident security has been governed in Law Number 40 of 2004 about National Social Insurance System (thereafter called UU SJSN) and organized aiming to ensure that the participants get health service benefit and cash money compensation when a worker encounters work-related accident or develops work-induced disease. It is confirmed in Article 29 clause (2) of Law Number 40 of 2004 about National Social Insurance System mentioning that: Work-related accident security is held aiming to ensure that the participants get health service benefit and cash money compensation when a worker encounters work-related accident or develops work-induced disease. Work-related accident is something that should be prevented as soon as possible due to the effect resulting from the accident. To take preventive measures, the cause of accident should be identified first, so that repairing action can be done editor@iaeme.com

4 Insurance System of Workers Sosial Security Agency in Construction Project Accident incidence can result in such loss as injury or death among workers, property, environment damage, and process. The loss can befall workers or their families, company, society, and government (Imam khasani, 1991). As mentioned in Article 1 no.32 of Law Number 13 of 2003 about Manpower, the concept of Labor Inspection is an activity of inspecting and enforcing the implementation of legislation in labor sector. Furthermore Article 176 mentions that Labor Inspection is carried out by competent and independent labor inspectors to ensure the implementation of laborrelated legislation. Labor inspection serves to eliminate or to mitigate the infringement against working norms and Occupational Health and Safety Norms (Keselamatan dan Kesehatan Kerja, or K3) so that industrial relation process can run well and harmoniously. Labor inspection is an important element of labor protection, and an attempt of enforcing labor law comprehensively all at once. No construction process is independent of risk. Every construction process, either big or small, involves risk with varying effects. Construction industry has more risks and uncertainties than other industries do. The process of taking a project from early investment, assessment to completion is complex. It requires a large number of personnel with varying skill and interest, and coordination of many different but interrelated activities. Risk can inhibit the successful completion of project by resulting in overused time and budget, and/or non-standardized quality. Insurance construction is used as a collective term to describe a variety of policies types to protect construction job, establishment, and engine operation. 2. METHODS Methods used empirical approach through normative were analyzed qualitatively, data analysis on legal writing is often done through a qualitative approach. According to the qualitative approach Soekanto Soerjono is the way research that generates descriptive analysis that is what is stated by the respondent, in writing or orally and also moderate the real researched and studied as a unity intact (Soerjono Soekanto, 2006). After the data collected do data analysis. Data analysis were used to deduce the truth-the truth that is retrieved from the data collected in order to answer the questions posed in the study. The method used is qualitative data analysis method, because the data obtained is extremely limited. Qualitative methods as a way of outlining the data against those data to study literature and findings in the field (empirical). Data obtained earlier arranged in the form of data collection, then the reduction of data/data processing, data and cereal and then subsequently drawn conclusions/verification, conducted mutually establish with the process of data collection. 3. RESULTS Workers Social Security Agency, Originally there have been five programs of Workers Social Security Agency (BPJS Ketenagakerjaan). Then, the sixth program was added since July 1, 2015, pension security. The five programs of BPJS Ketenagakerjaan are explained as follows: (Nikumbh and S.S. Pimplikar 2014). Old Age Benefits For old age benefits, the company will assume 3.7% of total dues. Participants will get all of dues collected after they have entered into pension time, exactly when they have been 55 years old. The total dues claim is usually larger because BPJS Ketenagakerjaan has invested editor@iaeme.com

5 Dara Pustika Sukma, Adi Sulistiyono and Widodo Tresno Novianto the participants fund previously so that they get substantial profit. The dead or permanentlyhandicapped participants remain to receive the due claim. Work-related Accident Benefits Work-related accident benefits will give compensation and rehabilitation fund to the workers encountering accident on their way to workplace or going home or developing work relationinduced disease. The dues for work-related accident benefits are paid fully by the company, the value of which range between 0.24% and 1.74%, according to the business group. Death Benefits The amount of benefit to be paid is IDR 21 millions. The amount includes IDR 14 millions for death compensation, IDR 2 millions for funeral cost, and periodical compensation. This program warrants the death due to non work-related accident. Non-Payee This program is attended by participants coming from non-formal such as merchants, farmers, and those having their own business. The dues are assumed by them and specified based on the Provincial minimum wage (UMP) or Regency Minimum Wage (UMK). Construction Service Sector With substantial potential cost, constructions workers are enrolled to be the participants of BPJS Ketenagakerjaan. It applies to all workers, including freelance, pieceworkers, and workers bond to certain work contract. Social security for this program is usually a combination of work-related accident and death benefits, with total dues of 0.24% of total project value. In the presence of BPJS Ketenagakerjaan, the company gets some advantages: it unnecessarily spends per rupiah cost, because the hospital will claim it to BPJS Ketenagakerjaan. The procedure is different, in this case the first stage is that the company gives a recommendation for the sick persons stating they are the workers in Semarang, to go to the hospital and get service without an obligation to pay the cost, because the billing is assumed by BPJS Ketenagakerjaan directly. Then, hospital will report to BPJS Ketenagakerjaan via website, in this case there are some facilities functioning to check the eligibility of patients or to find out whether or not the patients are the workers in Semarang and whether or not they are eligible to get Work-Related Accident Benefit service through healthcare facility. Next, the company can use the service and then enter the report to be approved later by the officer of BPJS Ketenagakerjaan ensuring that the accident event belongs to work-related accident category. The process of dealing with work-related accident in Semarang has run as follows up to late 2014: (1) has been claimed for and its management has been completed, (2) some accidents not been reported likely are not severe, (3) treatment fee has been reported but has not been claimed for, so that it is still included into the old procedure. The company funds all or entire treatment costs, and just claims for it after the treatment has been completed. As mentioned in Article 1 no.32 of Law Number 13 of 2003 about Manpower, the concept of Labor Inspection is an activity of inspecting and enforcing the implementation of legislation in labor sector. Furthermore Article 176 mentions that Labor Inspection is carried out by competent and independent labor inspectors to ensure the implementation of laborrelated legislation. Labor inspection serves to eliminate or to mitigate the infringement against working norms and Occupational Health and Safety Norms (Keselamatan dan Kesehatan Kerja, or editor@iaeme.com

6 Insurance System of Workers Sosial Security Agency in Construction Project K3) so that industrial relation process can run well and harmoniously. Labor inspection is an important element of labor protection, and an attempt of enforcing labor law comprehensively all at once. 4. CONCLUSIONS The implementation of work-related accident security program in BPJS Ketenagakerjaan to the workers in Semarang based on the Law Number 24 of 2011 about Social Security Administration Organization is carried out as follows. The implementation of worker protection security in Semarang, particularly for work-related accident security is conducted in the following procedure. When some workers in Semarang encounter work-related accident, they will first get treatment from the proximate physician or hospital, and then the fee will be claimed for to BPJS Ketenagakerjaan. This claim includes entire treatment cost from the beginning to the end. Meanwhile, the benefits given include treatment cost, compensation for temporary work leave, and transportation cost corresponding to Article 29 clause (2) of Law Number 40 of 2004 about National Social Security System (UUSJSN). The consultant of project management manages the project by applying knowledge, skill, and experience in many stages. However it should deal with many challenges such as the risk to occur during the construction project working process, material problems, inter-contractor problem coordination, technical problem, safety issues, and etc. These problems are solved using an organized PMC approach. The awareness of many processes involved in a project management study and the detail of such obstacles occurring in the project as Time-Cost- Risk-Scope-Quality-Resource is an integral part of every consultation in project management (Nikumbh and S.S. Pimplikar 2014). Work accident could have been prevented, if all parties involved in construction projects ranging from the highest level to the lowest-level leadership that is as rough power, pay attention to and emphasis on aspects of K3 (safety and occupational health). REFERENCES [1] Badan Penyelenggara Jaminan Sosial (BPJS) Ketenagakerjaan Jumlah Kecelakaan Kerja Di Indonesia Masih Tinggi. BPJS Ketenagakerjaan [2] Gumus, Gulcin, and Tracy L. Regan Self-Employment and the Role of Health Insurance inthe U.S. Journal of Business Venturing. [3] I Safety Magazine Kecelakaan Kerja Konstruksi 2017 Diprediksi Tetap Tinggi. 1 Februari. [4] Nedved, Milos, Dan Soemanto Imam Khasani. Dasar-dasar Keselamatan Kerja Bidang Kimia dan Pengendalian Bahaya Besar, ILO, Jakarta, 1991 [5] Nikumbh, Atul R, and Dr. S.S. Pimplikar Role of Project Management Consultancy in Construction Project. IOSR Journal of Mechanical and Civil Engineering. [6] Siswanto Sastrohadiwiryo Manajemen Tenaga Kerja Indonesia, Pendekatan Administrasi dan Operasional. Jakarta: Bumi Aksara. [7] Soerjono Soekanto Buku, Pengantar Penelitian Hukum. Edited by UI. UI. Jakarta. [8] Sweis, G., R. Sweis, A. Abu Hammad, and A. Shboul Delays in Construction Projects: The Case of Jordan. International Journal of Project Management editor@iaeme.com