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Determination of Compliance Behavior of BP Jamsostek Membership Contribution Payments for Vulnerable Workers Participating in the Gn Lingkaran Program Habieb Pahlevi
Contemporary Journal of Applied Sciences Vol. 2 No. 12 (2024): December 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/cjas.v2i12.13328

Abstract

Compliance behavior refers to an action or change in a person's attitude to accept, adhere to, and implement applicable rules/regulations with full awareness and without coercion. Compliance behavior in society, in relation to BP Jamsostek, is demonstrated by voluntarily becoming participants and paying contributions on time every month. This behavior benefits not only individuals but also the Indonesian people as a whole, as BP Jamsostek operates under the principle of mutual cooperation. The research method employed is Structural Equation Modeling (SEM), with respondents being all Vulnerable Workers who have been or are currently participants of BP Jamsostek. The sampling technique used is simple random sampling. The research findings indicate that Perceived Usefulness directly influences Attitude and Perceived Value. Additionally, Perceived Usefulness, Subjective Norms, Behavioral Control, and Perceived Value directly affect Behavioral Intention, whereas Attitude does not directly influence Behavioral Intention. Indirectly, Perceived Usefulness through Attitude does not influence Behavioral Intention, but Perceived Usefulness through Perceived Value does influence Behavioral Intention. The implication of these findings is that BP Jamsostek needs to enhance communication regarding the benefits of participation, as Vulnerable Workers perceive the benefits they receive to be indirect, unlike BPJS Kesehatan.
The Role of Local Government in Organizing Social Security for Employment: A Comparative Case Study Between Cities and Regencies Chyntia Rolanda Sihaloho; Clara Rina Silitonga; Evlin Novianti Tambunan; Galuh Wulandari; Gantina Sari Batubara; Habieb Pahlevi; Khairunnajmi Agustina Syahira; Radot Situmorang; Sara Klaudya Laiya; Siti Aminah Safitri
Contemporary Journal of Applied Sciences Vol. 2 No. 12 (2024): December 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/cjas.v2i12.13332

Abstract

Various risks and uncertainties in the world of work become obstacles to workers' productivity in carrying out their duties. In this case, social security for workers acts as a form of protection for workers' social rights from various risks that may occur during the work period. This study aims to determine the role of local governments in cities and districts in implementing social security programs for workers and what challenges are faced in implementing the program. The type of research used in this study is normative legal research, namely a type of legal research methodology that bases its analysis on applicable laws and regulations that are relevant to the legal problems that are the focus of the research. In addition, this study also uses secondary data obtained from references in the form of journals, writings, websites, and other sources. The conclusion of this study is that local governments have a very important role in implementing social security for workers by linking central policies and implementation at the local level. This role includes socialization, regulation, supervision, provision of access, and infrastructure. So that synergy is needed between the central government, local governments, and various related parties to ensure that all workers can be protected by the social security program for workers.
Criminal Liability for Companies That Register Part of the BPJS Employment Program Ayu Eka Putri Lawolo; Sanco Simanullang; Habieb Pahlevi
Contemporary Journal of Applied Sciences Vol. 2 No. 12 (2024): December 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/cjas.v2i12.13334

Abstract

The high number of Partial Listed Companies (PDS) manipulating the number of employees, wages, and programs to avoid paying high social security contributions highlights companies' non-compliance with BPJS Ketenagakerjaan. Only 2.93% of workers in Indonesia were registered with BPJS Ketenagakerjaan in 2021, indicating low compliance among companies in participating in health and occupational safety assurance programs. The aim of this study is to describe the criminal risks faced by PDS in the BPJS Ketenagakerjaan program to highlight the sanctions against non-compliance in implementing social security programs. This research uses a qualitative approach with literature studies and normative juridical methods based on Law No. 14 of 2011 on the Social Security Administrative Body (BPJS). The results of the study show that PDS is an unlawful act due to non-compliance with the obligation to pay BPJS contributions. The types of PDS commonly carried out by companies include PDS of employees, PDS of wages, and PDS of programs. Criminal liability for PDS includes administrative sanctions, such as two written warnings within a maximum period of 30 days, administrative fines of 0.1% of total contributions, and restrictions on accessing certain public services (TMP2T), such as difficulties in obtaining business permits, participating in project tenders, hiring foreign workers, and obtaining building permits (IMB).
Criminal Provisions Against Companies that do not Participate in BPJS Employment Lastarina Br Pakkar; Sanco Simanullang; Habieb Pahlevi
Contemporary Journal of Applied Sciences Vol. 2 No. 12 (2024): December 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/cjas.v2i12.13336

Abstract

Companies are required to register their employees with BPJS Ketenagakerjaan to provide social protection mandated by Law Number 24 of 2011. However, many companies fail to comply, prompting the government to impose administrative and criminal sanctions to enhance compliance. This study aims to analyze criminal provisions for companies not registered with BPJS Ketenagakerjaan and their impact on worker protection. Using a normative juridical research method, this study evaluates the effectiveness of Article 55 of the BPJS Law. The findings reveal that companies may face imprisonment of up to 8 years or fines up to IDR 1 billion. However, the implementation of these sanctions is hindered by vague norms, particularly in defining violation criteria and delayed payment durations. This legal uncertainty affects the effectiveness of worker protection. Therefore, regulatory improvements are necessary to enhance legal certainty and the effectiveness of sanction enforcement.
Implementation of Legal Sanctions for Perpetrators of BPJS Employment Contribution Embezzlement Arsalina Fajrah; Sanco Simanullang; Habieb Pahlevi
Contemporary Journal of Applied Sciences Vol. 2 No. 12 (2024): December 2024
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/cjas.v2i12.13337

Abstract

This study examines the enforcement of legal sanctions against perpetrators of BPJS Employment contribution embezzlement, which undermines workers' rights and the stability of the social security system. The research employs normative juridical methods with a legislative approach, supported by secondary data from court decisions, books, and regulations. Findings indicate that the embezzlement of BPJS Employment contributions, regulated under Articles 374 and 64 of the Indonesian Penal Code, clearly constitutes a legal violation. Legal sanctions under Article 55 of Law Number 24 of 2011 prescribe a maximum penalty of 8 years imprisonment or a fine of IDR 1 billion. However, enforcement faces challenges, such as weak supervision and low legal awareness among offenders. This study recommends improving supervision mechanisms, imposing stricter sanctions, and providing legal education to employers.
Legal Consequences for Companies and Workers Due to Not Registering for BPJS Employment Sanco Simanullang; Habieb Pahlevi; Elisabet Rawati Girsang; Yasir Riady
Contemporary Journal of Applied Sciences Vol. 3 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/cjas.v3i1.13333

Abstract

BPJS Ketenagakerjaan is a mandatory social security program for companies and workers in Indonesia. This obligation is regulated by law to protect workers from risks such as workplace accidents, death, and retirement. However, many companies still fail to fulfill this obligation. Such non-compliance can lead to legal consequences, including administrative and criminal sanctions. On the other hand, workers become vulnerable to various risks without social security protection. This article examines the legal aspects governing company obligations, implications for workers, and potential sanctions faced. This study aims to provide a deeper understanding of the importance of compliance with BPJS Ketenagakerjaan registration. Raising awareness and enforcing the law are necessary to ensure fair protection for all stakeholders.
Implementation of Corporate Criminal Sanctions Enforcement in Arrears of Bpjs Employment Contributions Kristiani Asyyere; Habieb Pahlevi; Sanco Simanullang; Yasir Riady
Contemporary Journal of Applied Sciences Vol. 3 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/cjas.v3i1.13338

Abstract

This study aims to analyze the procedures and issues in enforcing criminal sanctions against companies defaulting on BPJS Employment contributions. A normative legal research method was used. The criminal provisions of the BPJS Law are special criminal laws outside the Penal Code and form part of the penal system. The absence of implementing regulations creates a legal vacuum, preventing BPJS Employment from enforcing the mandated penalties. Criminal sanctions targeting corporations lack technical guidelines. Furthermore, BPJS Employment lacks adequate legal authority to report or investigate violations. Key obstacles include conflicts of interest, sectoral ego, and lengthy bureaucracies. Detailed regulations on mechanisms and BPJS Employment's authority to enforce Article 55 of Law No. 24 of 2011 are needed to achieve justice.
The Role of BPJS Employment Improving Worker Welfare in Indonesia Evlin Novianti Tambunan; Habieb Pahlevi; Yasir Riady
Contemporary Journal of Applied Sciences Vol. 3 No. 1 (2025): January 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/cjas.v3i1.13345

Abstract

BPJS Ketenagakerjaan (Employment Social Security Agency) has an important role in Improving Workers' Welfare in Indonesia. This role is realized through various Social Security Programs designed to protect workers from socioeconomic risks that may occur while they are working in Indonesia. One of them is providing social protection to workers, increasing a sense of security in working, encouraging equal distribution of welfare, supporting national economic growth, and providing education and awareness of social security. With this Qualitative Descriptive Research using secondary data, namely data obtained from references in the form of journals, writings, websites, and other sources.