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All Journal Arena Hukum POLITICO
M. Hadi Subhan
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice Social Sciences

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Implementation of Permenaker No. 2 of 2015 From The Channeling Agency In Channeling Workers Arsyad, Syaif; M. Hadi Subhan; Radian Salman
POLITICO Vol. 24 No. 2 (2024): JURNAL POLITICO FISIPOL
Publisher : Universitas Muhammadiyah Jember Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32528/politico.v24i2.2481

Abstract

This study aims to examine the Implementation of Permenaker No. 2 of 2015 From The Channeling Agency In Channeling Workers. Work as a domestic worker (DW) is an important source of livelihood for the lower middle class for women and men in developing countries such as Indonesia, because the work is carried out in the household and is considered informal work, there are no clear regulations governing it, as a result it is often not noticed and considered a very low job. Lembaga Penyalur Pekerja Rumah Tangga (LPPRT) is expected to be a bridge as well as a protector of domestic workers regulated in PERMENAKER RI No.2 of 2015. Starting from the initial recruitment process, then the selection process and up to job placement, during work, and after returning to the area of origin. The main problem faced by domestic workers, as well as the obstacles experienced in obtaining their rights, both men and women working as domestic workers, is legal certainty and clarity of their social status. This research focuses on the conflict of interest of the channeling agency when distributing domestic workers because the channeling agency that provides the service fee is the employer.
Broadening the Definition of 'Retirement Age' in Old Age Security Benefit Distribution Hitaningtyas, Ratih Dheviana Puru; M. Hadi Subhan; Nurwahjuni
Arena Hukum Vol. 18 No. 3 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/

Abstract

The Old Age Security Program has attracted considerable attention within the broader context of social security implementation, particularly due to frequent changes in regulations governing benefit distribution. This article analyses the inclusion of criteria for workers or labourers who have ceased employment as an expansion of the definition of 'retirement age' in relation to beneficiary eligibility under Government Regulation No. 46 of 2015 concerning the Implementation of Old Age Security (Government Regulation No. 46/2015) and its amendments. Under Article 35, paragraph (2) of Law No. 40 of 2004 concerning the National Social Security System (SJSN Law), Old Age Security benefits are provided to participants who retire, experience permanent total disability, or pass away. This analysis differs from previous studies that focused solely on changes to the waiting period for workers or labourers experiencing termination of employment. The research employs statutory, case, and conceptual approaches, and applies grammatical and systematic analysis to legal materials. The findings indicate that, although expanding the definition of 'retirement age' in the implementation regulations does not align with the original intent of the Old Age Security Program as part of the National Social Security System, the Constitutional Court has determined that such expansion is permissible under conditions of force majeure, such as termination of employment. It is recommended that future benefit distribution under the Old Age Security Program realign with the program's foundational principles.
Co-Authors Arsyad, Syaif Hitaningtyas, Ratih Dheviana Puru Nurwahjuni Radian Salman