P-ISSN: 2356-4164, E-ISSN: 2407-4276
Open Access at : https://ejournal.undiksha.ac.id/index.php/jkh
Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial
Universitas Pendidikan Ganesha Singaraja
1238
EMPLOYMENT SOCIAL SECURITY: AN EFFORT TO PROTECT THE LABOR THROUGH THE SDGS PERSPECTIVE
Wahyu Rizki Saputra, Asmin Patros Universitas Internasinal Batam
E-mail: [email protected]
Info Artikel Abstract Masuk: 1 Desember 2022
Diterima: 15 Januari 2023 Terbit: 1 Februari 2023 Keywords:
Employment, Social Security, Labor, SDGs Perspective
Employment Social Security is a social protection administered by the State to ensure the welfare of its citizens, Welfare is a right that every citizen has guaranteed by his Government Institution, Labor Social Security in a narrow sense is Social Security that is owned by workers at the risk of doing so. Employment activities, Employment Social Security is divided into several forms and groups. Manpower is a worker or laborer who performs his work activities in order to produce goods or services and gets wages for the results of doing his job, labor is someone who performs his work activities, labor is divided into several groups and groups, the grouping of labor is divided of Labor and Non-Labor. SDGs or what is known as Sustainable Development Goals are things that drive sustainable development after 2015 which was agreed by the United Nations at the general session in September 2015. In the SDGs there are 17 Global Goals with 169 Achievements whose targets are measurable and have been determined by the United Nations as an Agenda.
world of Development for the purpose of the safety of Humans and Planet Earth.
Abstrak Kata kunci:
Ketenagakerjaan, Jaminan Sosial, Ketenagakerjaan, Perspektif SDGs
Corresponding Author : Wahyu Rizki Saputra, e-mail : [email protected]
Jaminan Sosial Ketenagakerjaan merupakan perlindungan sosial yang diselenggarakan oleh Negara untuk menjamin kesejahteraan warga negaranya, Kesejahteraan merupakan hak yang dijamin oleh setiap warga negara oleh Instansi Pemerintahnya, Jaminan Sosial Ketenagakerjaan dalam arti sempit adalah Jaminan Sosial yang dimiliki oleh tenaga kerja pada tingkat risiko melakukannya. Kegiatan ketenagakerjaan, Jamsostek Ketenagakerjaan dibagi menjadi beberapa
1239 bentuk dan kelompok. Tenaga kerja adalah pekerja atau buruh yang melakukan kegiatan pekerjaannya dalam rangka menghasilkan barang atau jasa dan mendapat upah atas hasil pekerjaannya, tenaga kerja adalah seseorang yang melakukan kegiatan pekerjaannya, tenaga kerja dibagi menjadi beberapa golongan dan golongan, pengelompokan tenaga kerja dibagi menjadi Tenaga Kerja dan Bukan Tenaga Kerja. SDGs atau yang dikenal dengan Sustainable Development Goals adalah hal-hal yang mendorong pembangunan berkelanjutan setelah tahun 2015 yang disepakati oleh PBB pada sidang umum bulan September 2015. Di dalam SDGs terdapat 17 Tujuan Global dengan 169 Pencapaian yang sasarannya terukur dan telah ditentukan oleh PBB sebagai Agenda. dunia Pembangunan untuk tujuan keselamatan Manusia dan Planet Bumi.
@Copyright 2023.
INTRODUCTION
Health is a person's obligation to be able to carry out activities, health is a person's need and is an absolute requirement for someone to be able to work.1 Health is a person's right to guarantee his health and be protected by law. and Occupational safety is a relationship for a worker, Health, Work safety and Worker Welfare or (K3) is a Point that is included in social security.2 The aim of K3 is to ensure and maintain Health and Safety in the Work Environment. Social Security is a form of social protection organized by the state to guarantee its citizens to meet basic decent living needs, as stated in the 1948 United Nations Declaration on Human Rights and ILO Convention No. 102 of 1952, Social Security also includes Dependent Benefits. Pensions, as well as Occupational Accident Insurance, Social Security are forms of change in the health sector in order to overcome problems and distribute insurance in the health sector.3
Employment is everything that is related to workers or workforce starting from before and during their employment and after termination of employment.4 Judging from a legal aspect, employment is a private legal field that has public legal aspects, employment, seen from a public legal aspect, is a relationship Work or work agreements made based on the freedom and agreement of the parties, while still based on mandatory provisions determined by law or the government.
The term workforce is a term that is intended for someone who does his job inside or outside of a relationship and work agreement whether it's a man or a
1 Djakaria, M. (2018). Perlindungan Hukum Bagi Pekerja Wanita Untuk Memperoleh Hak-Hak Pekerja Dikaitkan Dengan Kesehatan Reproduksi. Jurnal Bina Mulia Hukum, 3(1), 15-28.
2 Sudrajat, T. (2020). Perlindungan Hukum dan Pemenuhan Hak Pekerja pada Program Jaminan Kesehatan Nasional. Pandecta Research Law Journal, 15(1), 83-92.
3 Nurcahyo, N. (2021). Perlindungan hukum tenaga kerja berdasarkan peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(1), 69-78.
4 Mustamin, W., Santoso, B., & Sajidin, S. (2022). Indonesian Workers' Mental Health Protection: An Urgency?. Journal of Judicial Review, 24(2), 273-288.
1240 woman. Assessment of labor productivity in an area is the Productivity Level.5 The workforce is calculated from the total population, the number of workers and the number of jobs. Therefore, according to "Law Number 13 of 2003 Chapter I Article I Paragraph 2, Labor in Indonesia is stated that "labor is every person who is able to do work to produce goods and or services both to meet their own needs and for the community. Broadly speaking, the population of a country is divided into two groups, namely workers and non-workers. Population included in the labor force category is when the population has entered working age. The working age limit that applies in Indonesia is the age range of 15 - 64 years. someone who is able to work can be said as a worker. There are many opinions regarding the age of these workers, some say they are over 17 years old, some say they are over 20 years old, some even say they are over 7 years old because street children are included in the labor force. During the period of time and as the work period progresses, the workforce moves a lot, expanding work that was previously informal to a more formal place. The transfer of surplus labor from the informal sector is not only aimed at increasing labor rights but also being the main objective of the cycle of development, economic growth and poverty reduction. In order to achieve these goals in harmony, in the context of labor policy in Indonesia, it is necessary to strike the right balance between protecting the workforce and expanding employment opportunities.
The Sustainable Development Goals (SDGs) are 17 goals with measurable achievements and limits set by the United Nations in the World Development Agenda to Save Humans and Planet Earth.6 In the form of SDGs in the Health Sector, there are 38 SDGs Targets in the Health sector, namely all issues regarding health which are combined into one goal to ensure a healthy life and promote well-being for all people at all ages.7 Availability of job opportunities is not a guarantee against unemployment, having a job does not necessarily guarantee getting out of poverty, lack of knowledge and economic conditions and social contacts that form the basis.
Within the SDGs, Indonesia makes a commitment to realize decent work and ensure the important role of Employment and Labor.
RESEARCH METHODS
Empirical research and normative namely data in the field or primary data is a technique data collection used by the author use initial data This is followed by secondary data to complete this.8 This research is research law (juridical research).
have a different method with other research. Method Legal research is one way systematic in doing a study. So as not to get caught in the error which usually occurs in a legal research by imposing the use of an empirical research format in the social
5 Tantimin, T., & Sinukaban, E. (2021). Perlindungan Hukum Terhadap Hak Tenaga Kerja Perempuan Terkait Ketidaksetaraan Gender Di Indonesia. Nusantara: Jurnal Ilmu Pengetahuan Sosial, 8(3), 395-406.
6 Ayunda, R., Disemadi, H. S., & Wijaya, R. (2020). Kebijakan Kawasan Bebas Gelandangan Dan Pengemis Di Kota Batam: Suatu Kajian Hukum Perspektif SDGs. Jurnal Komunitas Yustisia, 3(3), 295- 305.
7 Disemadi, H. S., & Wardhana, R. P. (2020). Perlindungan Anak Panti Asuhan Terhadap Kekerasan Di Batam, Indonesia: Kajian Hukum Perspektif SDGs. Jurnal Komunitas Yustisia, 3(3), 197-207.
8 Disemadi, H. S. (2022). Lenses of Legal Research: A Descriptive Essay on Legal Research Methodologies. Journal of Judicial Review, 24(2), 289-304.
1241 sciences towards research normative (normative juridical research), it is very important to know and determine the type of research as one of the components in the method study. Because of the accuracy in research methods will greatly affect the process and results a legal research.
RESULTS AND DISCUSSION
The Concept of Employment and Employment Social Security Social Security
Health is a person's basic need in life, therefore health is the right of a citizen protected by law to achieve prosperity. Health is a state of physical, mental and social well-being to support a person's productive life.9 Therefore, health is the basis of an investment to support human resources to achieve prosperity.10
Social Security is the responsibility and obligation of the State to provide social and economic protection to the community in accordance with the conditions and capabilities of the State. Not only that, Social Security also plays a role in encouraging an important contribution in increasing economic growth and people's welfare.
Employment Social Security is a protection for workers in the form of compensation in the form of money as a substitute for the consequences of an event that results in lost or reduced income for events and conditions experienced by workers in the form of work accidents, illness, pregnancy, old age and death.
Guarantee socia.a . shape . protection which .is divided from company to . worker . in the form . income . the . enough . for . meet.needs . everyday, including when workers . no . able . work . because . something . outside . his will. Quoted from the International Labor Organization (ILO) . on. in principle guarantee . social give . protection . to society . through . various effort . in . face risks . economy and .social . reward . cessation or .decrease income. Security is very broad in scope, therefore it must be implemented in stages. For companies that have not become participants, they must have responsibility for workers who have not been given social security.
The Scope of Employment Social Security in SDGs Perspective
Based on " Art 8 Ac Number 24 year 2011. about Organizing Body Guarantee . Social". according to regulations."Article 9 paragraph (2) of Law Number 24 of 2011 concerning Social Security Administering Bodies". It was stated that the function of Employment BPJS is to carry out its main purpose as work accident insurance, death security, pension security and old age insurance. Based on “Art 10 Law No. 24 year 2011 about Body Organizer Guarantee Social”. set . that “BPJS” has the following tasks:
1) carry out and register participants;
2) receive and manage contributions collected from participants and employers;
3) manage and receive assistance from the government
4) managing social security funds for the benefit of participants;
5) managing and processing participant data;
9 Tjitrawati, A. T. (2017). Perlindungan Hak dan Pemenuhan Akses Atas Kesehatan Bagi Tenaga Kerja Indonesia di Malaysia. Mimbar Hukum-Fakultas Hukum Universitas Gadjah Mada, 29(1), 54-68.
10 Pesulima, T. L., & Hetharie, Y. (2020). Perlindungan Hukum Terhadap Keselamatan Kerja Bagi Tenaga Kesehatan Akibat Pandemi Covid-19. Sasi, 26(2), 280-285.
1242 6) payment of benefits and financing of health services in accordance with the
social security program;
7) providing information about the implementation of the Social Security program to participants and the public.
Therefore Social Security is managed by . "BPJS" . . Employment . stay . recognized for carry out . program . guarantee . social . power . work , that . covers . Guarantee . Accident 28 work, . Guarantee . Death, . Guarantee . Day . old . with . addition . Guarantee . Pension. Social Security . it . given . to . work . the . already . registered . in . in the program .BPJS. Employment Based on the provisions of "Article 17 of Law Number 24 of 2011 concerning Social Security Administering Bodies" which stipulates that employers who do not register their workers in the social security program organized by BPJS Employment are given administrative sanctions.
Employment is an element related to Manpower, based on Law no. 13 of 2013 concerning Manpower, Employment is not only an element related to manpower, but is everything related to manpower before, during and until the end of the working period. The workforce in question is everyone who is able to do a job , which is called a job to produce goods or services, who get paid after carrying out these work activities.
The regulations governing manpower, both foreign workers and local workers, are an important requirement. These regulations are made not only for the sole purpose, but so that workers get protection, both legally and safety as well as social security for their employment. Labor Law is a science that studies knowledge in the Field of Employment, Along with the times and the progress of the State in carrying out its developments, previously before the existence of Labor Law it was known as Labor Law, Calling Labor is the same as what is known as Labor, Equally Doing Their Work produce goods and services and get wages for the work.
Labor or better known as Manpower, is someone who carries out his work activities as a worker to streamline life, Workforce is also someone who carries out work activities to produce goods or services for personal benefit or the wider community, labor is regulated in the Law Invite and divide into several Groups and Groups. Those who are grouped as Labor and Non-Manpower.
The division of labor groups includes formal and informal workers, one example of a formal workforce is office employees or permanent employees such as civil servants, doctors or state-owned employees and others. And examples of informal workers are not office workers, but laborers, traders or others. Informal and formal employees, they have the same rights protected by the government and their respective companies.
Regarding Labor Rights, there are Human Rights as well as Non-human rights.
What is meant by Human Rights is a Normative Law which states that a human being has rights that are inherent in him from the time he is born until his death.
Meanwhile, non-human rights are rights that are regulated in the law. Based on the opinion expressed by Adrian Sutedi, 2011: 5 based on the regulation " Article 6 of Law Number 13 of 2003 concerning Manpower" stipulates that . every . worker . must be required the same and do not contain elements such as distinguishing, for example discriminating in taste or class, religious factors, ethnicity, skin color or certain groups. when . company . surrender . conditions . in "Article 6 of Law Number 13 of 2003 concerning Manpower" , then . company will . imposed . sanctions .
1243 administration . in the form of . written, . restricted business activities . business license is frozen, approval is not approved ,. as well as carrying out temporary suspension or revocation of permits.
As for opinions about workers regulated in the provisions of "Law Number 13 of 2003 concerning manpower" , namely:
1) Right to receive a Decent Income 2) The right to get social security;
3) freedom in choosing a job, according to abilities and talents;
4) the right to freedom and gain and development to acquire, improve skills;
5) the right to receive security, health and treatment according to human dignity and religious morality;
6) the right to obtain, establish and be affiliated with a Labor Union;
7) the right to receive annual rest;
8) the right to salary during annual rest;
9) the right to pay compensation for annual breaks. Apart from labor rights.
The obligations of workers who must be carried out are as follows:
1) must make a presentation;
2) must comply with company regulations;
3) must comply with work agreements;
4) obligated to comply with labor agreements;
5) obligated to maintain company secrets;
6) must comply with employer regulations;
7) must fulfill all obligations before the permit has not been granted in the event that there is an appeal that has not yet been decided;
8) obligated to do the work;
9) obligated to provide true information when requested by a supervisory employee or an occupational safety and health (K3) expert;
10) must wear the required self-protection equipment; 17
11) must use and comply with the requirements for occupational safety and health (K3) that apply in the workplace concerned.
SDGs are sustainable development goals in order to achieve the goals of the Global Goals with 17 Goals and 169 achievements that have been determined and determined by the UN aiming at the World Agenda for development and the safety of Humans and the Earth.
The goals of the SDGs are in the world development agenda and for sustainable development goals where it is hoped that millennials will be able to participate in advancing the world economy while still paying attention to important aspects of nature and technology so that they are not left behind, and take advantage of existing natural resources.
In the SDGs there are 17 goals and 169 achievements. The goal is a commitment to sustainable development to maintain the importance of development and maintain structural improvement in the economic welfare of the community, maintain social and community sustainability, maintain environmental quality, and ensure justice.
The following are 17 goals in the SDGs:
1. Without poverty
1244 2. Zero hunger
3. Good health and well-being (healthy and prosperous life) 4. Quality education (quality education)
5. Gender equality (gender equality)
6. Clean water and sanitation (clean water and sanitation) 7. Clean and affordable energy
8. Decent work and economic growth
9. Industry, innovation and infrastructure (industry, innovation and infrastructure)
10. Small inequalities (small inequalities) 11. Sustainable cities and communities
12. Responsible consumption and production ( responsible consumption and production)
13. Climate action (overcome climate change) 14. Underwater life (sea ecosystem)
15. Life on Earth (terrestrial ecosystem) 16. Peace, justice and strong institutions
17. Partnership by objectives (partnership to achieve goals) SDGSs Goal 3 Good Health and Well-Being
Ensuring good health and increasing the Welfare of the entire population of all ages is included in the SDGs11 3rd Goal, the targets compiled in the 3rd SDGs namely:
Reducing Maternal and Infant Mortality, Reducing Sickness and Death from Communicable Diseases, prevention and abuse substances, ensuring access to health services, increasing health adequacy and increasing health financing.
Apart from the target, the SDGs for this 3rd goal also have a policy. This policy goal 3 to create a healthy and prosperous life is based on the following strategies: 1.
Improving the Healthy Living Community Movement. 2. Increasing the diversity and safety of Food Processing. 3. Improving Medical Services. 4. Improving accessibility and quality of health.
SDGSs Goal 8 Decent Work and Economic Growth
Workers who have permanent or non-permanent jobs. Formal or Informal, Office or non-Office, Worker or Employee, does not guarantee the ability to get out of the clutches of poverty. Lack of education and inadequate investment leads to far- reaching levels of well-being. Not only that, inadequate work also does not guarantee approaching the level of welfare.
For this reason, To balance and place the creation of Decent Work opportunities, as well as making economic policies and sustainable development not only generate decent employment opportunities but also encourage stronger growth and can reduce poverty. At the international level Indonesia has made very strong agreements and commitments to realize decent work and an important role in ensuring employment issues in the SDGs
11 Rifai, A. A., & Humaedi, S. (2020). Inklusi Penyandang Disabilitas Dalam Situasi Pandemi Covid-19 Dalam Perspektif Sustainable Development Goals (SDGs). Prosiding Penelitian dan Pengabdian kepada Masyarakat, 7(2), 449.
1245 The government has set targets and used the SDGs into sustainable development to encourage economic growth and decent work. Following are the 8th Goals in the SDGs as follows:
1. Carrying out defense and economic development depending on national conditions and, in particular, and developments in the gross domestic product of 7 percent;
2. Achieve higher levels of economic productivity, through diversification, upgrading and technological innovation, including through a focus on sectors that provide high added value and are labor intensive.
3. Promote development policies that support productive activities, create decent jobs, entrepreneurship, creativity and innovation, and encourage the formalization and growth of micro, small and medium enterprises, including through access to financial services.
4. Increase progressively, until 2030, global resource efficiency in consumption and production, and endeavor to detach economic growth from environmental degradation, in accordance with the 10-Year Framework of Programs on Sustainable Consumption and Production, with developed countries as a guide
5. By 2030, achieve permanent and productive employment and decent work for all women and men, including for youth and persons with disabilities, and equal pay for work of equal value
6. In year 2020 on a substantial reduce proportion age young the. no work, no through education or training.
7. Take urgent action to eradicate forced labour, end slavery and the sale of human beings, secure the prohibition and elimination of the worst forms of child labour, including the recruitment and use of child soldiers, and by 2025 end child labor in all its forms
8. 8.8 Protect labor rights and promote a safe and secure working environment for all workers, including migrant workers, especially women migrant workers, and those working in hazardous work.
9. In year 2030, compile and carry out policy for promote tourism sustainable . the create field work and promote culture and local products.
10. Capacity institution finance domestic strengthened as an effort push .and expand access against banking, insurance and services finance. for all.
11. Increase assistance to support trade for developing countries, especially least developed countries, including through the Enhanced Integrated Framework for Trade-Related Technical Assistance for least developed countries.
12. in 2020 carry out development and conduct operations strategy global for employment youth and apply the .Global .Jobs .Pact .of .the International Labor Organization.
CONCLUSION
Labor social security is a form of protection given to workers and their families against various labor market risks. Social Security labor is part of the social
1246 protection system. In countries developed, labor social security is the most important part of the system social protection because almost all families in the community are covered by Social Security. However, in developing countries, Labor social security only covers a small number of families within society, especially since most of the population works in the informal sector.
BIBLIOGRAPHY
Ayunda, R., Disemadi, H. S., & Wijaya, R. (2020). Kebijakan Kawasan Bebas Gelandangan Dan Pengemis Di Kota Batam: Suatu Kajian Hukum Perspektif SDGs. Jurnal Komunitas Yustisia, 3(3), 295-305.
Disemadi, H. S. (2022). Lenses of Legal Research: A Descriptive Essay on Legal Research Methodologies. Journal of Judicial Review, 24(2), 289-304.
Disemadi, H. S., & Wardhana, R. P. (2020). Perlindungan Anak Panti Asuhan Terhadap Kekerasan Di Batam, Indonesia: Kajian Hukum Perspektif SDGs. Jurnal Komunitas Yustisia, 3(3), 197-207.
Djakaria, M. (2018). Perlindungan Hukum Bagi Pekerja Wanita Untuk Memperoleh Hak-Hak Pekerja Dikaitkan Dengan Kesehatan Reproduksi. Jurnal Bina Mulia Hukum, 3(1), 15-28.
Mustamin, W., Santoso, B., & Sajidin, S. (2022). Indonesian Workers' Mental Health Protection: An Urgency?. Journal of Judicial Review, 24(2), 273-288.
Nurcahyo, N. (2021). Perlindungan hukum tenaga kerja berdasarkan peraturan perundang-undangan di Indonesia. Jurnal Cakrawala Hukum, 12(1), 69-78.
Pesulima, T. L., & Hetharie, Y. (2020). Perlindungan Hukum Terhadap Keselamatan Kerja Bagi Tenaga Kesehatan Akibat Pandemi Covid-19. Sasi, 26(2), 280-285.
Rifai, A. A., & Humaedi, S. (2020). Inklusi Penyandang Disabilitas Dalam Situasi Pandemi Covid-19 Dalam Perspektif Sustainable Development Goals (SDGs). Prosiding Penelitian dan Pengabdian kepada Masyarakat, 7(2), 449.
Sudrajat, T. (2020). Perlindungan Hukum dan Pemenuhan Hak Pekerja pada Program Jaminan Kesehatan Nasional. Pandecta Research Law Journal, 15(1), 83-92.
Tantimin, T., & Sinukaban, E. (2021). Perlindungan Hukum Terhadap Hak Tenaga Kerja Perempuan Terkait Ketidaksetaraan Gender Di Indonesia. Nusantara:
Jurnal Ilmu Pengetahuan Sosial, 8(3), 395-406.
Tjitrawati, A. T. (2017). Perlindungan Hak dan Pemenuhan Akses Atas Kesehatan Bagi Tenaga Kerja Indonesia di Malaysia. Mimbar Hukum-Fakultas Hukum Universitas Gadjah Mada, 29(1), 54-68.
