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All Journal Jurnal Ketenagakerjaan
Henriko Tobing
Pusat Penelitian dan Pengembangan Ketenagakerjaan, Kementerian Ketenagakerjaan

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Studi Perlindungan Sosial yang Adaptif dan Berkemampuan Bagi Pekerja di Masa Pandemi COVID-19 Henriko Tobing
Jurnal Ketenagakerjaan Vol 18 No 1 (2023)
Publisher : Pusat Pengembangan Kebijakan Ketenagakerjaan Kementerian Ketenagakerjaan Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47198/jnaker.v18i1.200

Abstract

The impact of several crises on health, economy, and crisis caused by technological development upon workers resulted in three cases: 1) wage reduction, 2) Layoff or employment degradation, and 3) limited social security, particularly for vulnerable workers. Therefore, To anticipate this issue, an adaptive social security policy is needed for any crisis form and payment coverage. Social security programs in Indonesia are considered enough to comprehend employment protection, including employers. In contrast, these types of programs can be categorized as social security programs which are classified as adaptive. In reality, problems still occur here and there, mainly entry-related and benefit value. Considering the Nation's ability to finance social security programs with limited contribution, therefore, to create competent social security, a social contribution mechanism (companies-employe and Government) is needed to ensure continuation. Massive socialization with the involvement of every people's component as well as law enforcer toward social security provision provided a successful way to increase participant's scope to become an essential aspect of creating continuous social security financing.
Kajian UU 11/2020 tentang Cipta Kerja Klaster Ketenagakerjaan: Studi pada Regulasi Pengupahan, PHK, dan Pesangon Fajar B Hirawan; Adinova Fauri; Henriko Tobing; Muhyiddin Muhyiddin
Jurnal Ketenagakerjaan Vol 18 No 1 (2023)
Publisher : Pusat Pengembangan Kebijakan Ketenagakerjaan Kementerian Ketenagakerjaan Republik Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47198/jnaker.v18i1.205

Abstract

Several aspects concern the attention of labor and employer on Constitution Number 11, the Year 2020, under Job Creation Act. Initially, worries arise about the possibility of one-sided layoffs. Layoff often occurs through companies that have yet to have a discussion. Nevertheless, it is necessary to align that the layoffs mechanism, in brief, does not intend to promote one-sided layoffs by employers. Under the Job Creation Act, Article 151 provided the bases for stakeholders to prevent any layoff. Further Constitution yet gives the possibility of a chance if employees are offended by any employer's treatment. In brief, this mechanism covers appreciates, protects, and supports employment rights fulfillment. In other words, this mechanism is still based on equity. Secondly, there is no further appropriate explanation concerning the reduction of wage policy in the Job Creation Act, whereas it is relevant for employment. The revision in Wage Policy includes reformation effort in severance pay, which also includes affirmation effort in share effect as risk management means, such as the risk of unemployment. Such matter needs further study empiric that shows whether the multiplier number as listed in Job Creation Act Constitution, which is Government Regulation No. 35 the Year 2021, is at an ideal level or not (or corresponds with employer capability). Third, there is no doubt that severance pay implementation can not avoid Labor Union attention. For instance, Labor/employee object if said severance pay is easily accepted. According to them, this dispute often occurs in Industrial Relations Court. Hence, the successful, effective implementation of a new severance pay policy indicates a strengthened Social Security. Regarding this, there are a few notes on implementation. For instance, to ensure corresponding data of Health BPJS and employment BPJS.