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Yuli Farianti
Universitas Borobudur

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Problems of Regulatory Arrangements and The Urgency of Governance Reconstruction in The National Social Security System Yuli Farianti; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.6117

Abstract

National Social Security System constitutes a form of state responsibility in guaranteeing the fulfillment of the public’s right to social security as mandated by the 1945 Constitution of the Republic of Indonesia. In its implementation, the administration of the National Social Security System (SJSN) is carried out by the Government together with BPJS Kesehatan and BPJS Ketenagakerjaan as the organizing agencies of national social security programs. Nevertheless, the implementation of the SJSN continues to face various legal and institutional challenges, particularly regarding regulatory disharmony among Law Number 40 of 2004 concerning the National Social Security System, Law Number 24 of 2011 concerning the Social Security Administering Body (BPJS), and Law Number 17 of 2023 concerning Health. Such regulatory inconsistency has resulted in unclear distribution of authority between the Government and BPJS, overlapping institutional functions, and weak coordination in the administration of national social security programs. This study employs a doctrinal legal research method using statutory and library research approaches, analyzed through descriptive-analytical and prescriptive methods. The findings indicate that the regulation of authority relations and governance in the administration of the SJSN has not been implemented optimally. This is reflected in the unclear institutional position of BPJS within Indonesia’s constitutional system, the weak supervisory mechanism, and the dominant role of the Government in several strategic policies concerning the administration of national social security programs. Therefore, legal reconstruction is necessary through regulatory harmonization, clarification of the division of authority between the Government and BPJS, as well as the strengthening of supervisory mechanisms and institutional governance in order to establish a national social security system that is effective, transparent, accountable, and capable of providing legal certainty
State Responsibility in Fulfilling The Constitutional Right to Social Security: Evaluation of Actuarial Accountability and Financing Yuli Farianti; Ahmad Redi
Journal Customary Law Vol. 3 No. 3.1 (2026): ICLSSEE Special Collection
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i3.1.6118

Abstract

Discourse concerning state responsibility in fulfilling the constitutional right to social security is often constrained by the dilemma between normative mandates and fiscal capacity realities. Article 28H paragraph (3) and Article 34 paragraph (2) of the 1945 Constitution imperatively position the state as the principal axis in administering a universal national social security system. The sustainability of such a system heavily depends on the precision of actuarial accountability as an instrument for long-term risk projection. Failure to accurately project technical risks and the establishment of financing structures that are inconsistent with benefit obligations create serious threats to the resilience of the social security system. A juridical-doctrinal approach reveals a significant gap between the state’s obligation as the ultimate guarantor and the current management practices of trust funds, which remain largely reactive in nature. Decisions of the Constitutional Court further affirm the state’s position in guaranteeing absolute certainty of social protection for all citizens. Evaluation of financial governance demonstrates that neglecting actuarial valuation in strategic policymaking directly contributes to systemic instability. Dependence on ad hoc state budget interventions indicates the weakness of the current national financing system’s independence. Actuarial accountability must therefore be positioned as a mandatory risk-control instrument integrated into regulatory frameworks in order to prevent the risk of default. Synchronization between fiscal policy and rigorous actuarial calculations constitutes an essential prerequisite for fulfilling citizens’ constitutional rights. These fundamental rights must not be reduced to mere legal promises without adequate financial support. The transformation of the financing system toward a resilient, transparent, and risk-based model constitutes a crucial step in ensuring social justice. An ideal financing structure must be capable of balancing financial independence with the state’s obligation to protect the human dignity of all citizens. The integration of a unified data system and independent actuarial audits will strengthen the state’s credibility in sustainably managing public funds across generations.