By 1 January 2015 latest, employers should enrol their workers into the national health care security (BPJS Kesehatan). Beneficiaries include the workers’ nuclear family, including wife/husband and legitimate children (biological children, stepchildren and /or adopted children), as many as 5 (five).
Biological children, stepchildren of a legal marriage and adopted children of workers are legitimate to receive BPJS Kesehatan, subject to the criteria: a. Not or have never been married or do not have their own income; b. Have not reached the age of 21 (twenty-one) years or 25 (twenty-five) years for those still continuing formal education.
By 1 July 2015, latest, employers should also enrol their workers into the national social security (BPJS Ketenagakerjaan) mandatory programs which are workplace accident security, old age security and death security. Employers also can gradually enrol their workers into the pension security. Employers that already enrolled their workers to the three social security programs (JKK, JKM and JHT) should not provide workers with fewer social security programs than JAMSOSTEK package A.
Employers that have already enrolled all workers (and their families) into the JAMSOSTEK healthcare security (JPK) will automatically become BPJS Kesehatan members. Similarly, employers that have already enrolled their workers into JAMSOSTEK Package A will automatically become BPJS Ketenagakerjaan.
Sanctions will be imposed on employers that do not enrol workers to BPJS Ketenagakerjaan and Kesehatan. The type of sanctions include:
LEGAL REFERENCES:
NATIONAL SOCIAL SECURITY SYSTEM ACT NO. 40 OF 2004, ARTS. 13, 15, 18 [UU SISTEM JAMINAN SOSIAL NASIONAL NO. 40 TAHUN 2004, PASAL 13- 17]
NATIONAL SOCIAL SECURITY (BPJS) ACT NO. 24 OF 2011, ARTS. 8 UU No 24 Tahun 2011 TENTANG BPJS, Pasal 8]
GOVERNMENT REGULATION ON ADMINISTRATIF SANCTIONS NO. 86 TAHUN 2013 ART. 5 [PERATURAN PEMERINTAH NO 86_TAHUN 2013 ART.5 TENTANG TATA CARA PENGENAAN SANKSI ADMINISTRATIF KEPADA PEMBERI KERJA SELAIN PENYELENGGARA NEGARA DAN SETIAP ORANG, SELAIN PEMBERI KERJA, PEKERJA, DAN PENERIMA BANTUAN IURAN DALAM PENYELENGGARAAN JAMINAN SOSIAL, PASAL 5 ]
PRESIDENT REGULATION NO.109 OF 2013 ON PARTICIPATION PHASING OF THE NATIONAL SOCIAL SECURITY PROGRAM [PERPRES No. 109 Th 2013 TENTANG PENAHAPAN KEPESERTAAN PROGRAM JAMSOS]
Up to 30 June 2015, BPJS Healthcare Security (BPJS Kesehatan) contribution is 4.5% of monthly wages, of which 4% is paid by employers and 0.5% is paid by workers. Starting from 1 July 2015, the contribution amount 5%, of which 4% is paid by the employers and 1% is paid by workers. BPJS Ketenagakerjaan contributions are as follow:
Work Accidents Security (paid by employers): 0.24% of monthly wage for Group I (very low risk companies) that conduct or produce among others sewing and other garment products, 0.54% of monthly wage for Group II (low risk companies) that conduct among others children toys, 0.89% of monthly wage for Group III (medium risk companies) that conduct or produce among others footwear (excluding rubber shoes and plastic sandals), t-shirt, sock and knitting product, 1.27% of monthly wage for Group IV (high risk companies) that conduct or produce among others fisheries, fisheries products and kerosene based products, 1.74% of monthly wage for Group V (very high risk companies) that conduct or produce among others fertilizer and mining.
Old Age Security: 5.7% of monthly, of which 3.7% is paid by employers and 2% is paid by workers.
Death Security: 0.3% of monthly wage paid by employers, which will be evaluated by BPJS Ketenagakerjaan every two years.
Pension Security: 3% of monthly wage, of which 2% is paid by employers and 1% is paid by workers.
LEGAL REFERENCES:
NATIONAL SOCIAL SECURITY ACT SYSTEM NO. 40 OF 2004, ARTS. 13- 17 [UU SISTEM JAMINAN SOSIAL NASIONAL NO. 40 TAHUN 2004, PASAL 13- 17]
NATIONAL SOCIAL SECURITY (BPJS) ACT NO. 24 OF 2011, ARTS. 17 [UU NO. 24 TAHUN 2011 TENTANG BPJS, PASAL 17]
MANPOWER ACT NO. 13 OF 2003, ART. 99-100 [UU KETENAGAKERJAAN NO. 13 TAHUN 2003, PASAL 99-100]
PRESIDENT REGULATION NO. 111 OF 2013 ON THE AMENDMENT OF PRESIDENT REGULATION NO. 12 OF 2013 ON HEALTH CARE ART. 16C [PERPRES NO. 111 TAHUN 2013 TENTANG PERUBAHAN ATAS PERATURAN PRESIDEN NO. 12 TAHUN 2013 TENTANG JAMINAN KESEHATAN, PASAL 16C]
GOVERNMENT REGULATION NO. 44 OF 2015 ON WORK ACCIDENTS AND DEATH SECURITY [PERATURAN PEMERINTAH NO 44 TAHUN 2015 TENTANG PENYELENGGARAAN PROGRAM JAMINAN KECELAKAAN KERJA DAN JAMINAN KEMATIAN ]
GOVERNMENT REGULATION NO. 45 OF 2015 ON PENSION SECURITY [PERATURAN PEMERINTAH NO 45 TAHUN 2015 TENTANG PENYELENGGARAAN PROGRAM JAMINAN PENSIUN]
GOVERNMENT REGULATIONS NO. 46 OF 2015 ON OLD AGE SECURITY [PERATURAN PEMERINTAH NO 46 TAHUN 2015 TENTANG PENYELENGGARAAN PROGRAM JAMINAN HARI TUA]
Work Accidents Security benefits include appropriate medical service and compensation in the form of money. Employers must report accidents within 48 hours of their occurrence to the Local BPJS Ketenagakerjaan office.
LEGAL REFERENCES:
Death Security is a cash benefit paid to heir/s when participants passed away because of reasons other than a result of workplace accidents. Participants are informal and formal sector workers, and foreign workers that have been working in Indonesia for minimum of 6 (six) months. Death security benefits paid to participants heirs during active participation period consist of:
a. Compensation amount of IDR 16, 200, 000 (sixteen million two hundred thousand rupiah), b. Periodic compensation amount of 24 x IDR 200, 000 = IDR 4,800,000 (four million eight hundred thousand rupiah) to be paid one time, c. Funeral expenses of IDR 3,000,000 (three million rupiah), and d. Education scholarship awarded to participants children.
LEGAL REFERENCES:
Death Security is cash benefits paid at once when participants retire, pass away, have permanent disability or permanently leave Indonesia. Participants are informal and formal sector workers, and foreign workers that have been working in Indonesia for minimum of 6 (six) months. Retirement age in the BPJS Ketenagakerjaan Old Age Security is 56 years old.
LEGAL REFERENCES:
GOVERNMENT REGULATIONS NO. 46 OF 2015 ON OLD AGE SECURITY [PERATURAN PEMERINTAH NO 46 TAHUN 2015 TENTANG PENYELENGGARAAN PROGRAM JAMINAN HARI TUA]
GOVERNMENT REGULATIONS NO. 60 OF 2015 ON THE AMENDMENT TO GOVERNMENT REGULATION NUMBER 46 YEAR 2015 CONCERNING OLD AGE SECURITY [PERATURAN PEMERINTAH NO 60 TAHUN 2015 TENTANG PERUBAHAN ATAS PERATURAN PEMERINTAH NOMOR 46 TAHUN 2015 TENTANG PENYELENGGARAAN PROGRAM
Pension Security is a part of social security that is intended to maintain the degree of a decent life for participants and /or their heirs to provide income after retirement, total permanent disability or death. Pension benefits is amount of money paid each month to the participants who have reached retirement age, have permanent disability or to the beneficiary of participants who passed away. Beneficiaries are participant legal spouse, children and adopted children and parents.
LEGAL REFERENCES:
On 1 January 2014, all JAMSOSTEK Health Care (JPK JAMSOSTEK) participants are transferred to BPJS Health Care (BPJS Kesehatan). Employers that have their own healthcare programs (JPK Mandiri) for workers and their family should register them to BPJS Kesehatan starting from 1 January 2015. Benefits of BPJS Kesehatan include: A. Primary health care, namely non- specialist health services:
1. Administration of service
2. Promote and preventive services
3. Examination, treatment and medical consultation
4. Non- specialist medical measures, both operative and non-operative
5. Care drugs and consumable medical materials
6. Blood transfusions as needed medical
7. Investigations Laboratory diagnosis of first level
8. Hospitalization first level as indicated
B. Advanced level referral health services: 1. Outpatient, include:
a) Administration service
b) Examination, treatment and specialist consultation by a specialist and sub- specialist c) Act in accordance with a medical specialist, medical indications
d) Ministry of drugs and medical materials consumables
e) Medical device implants
f) Advanced diagnostic support services in accordance with the medical indications
g) Medical Rehabilitation
h) Blood Services
i) Forensic medicine
j) Mortuary service in health facilities
2. Inpatient which include:
a) Non- intensive inpatient treatment
b) Inpatient care in intensive care
c) Other health services specified by the Minister
LEGAL REFERENCES:
Employers must pay workers who they have employed continuously for 12 months or more an additional month’s wage at least one week before their religious holiday. Workers with three to 12 months of continuous service should be paid proportionally based on the number of months of continuous work devide by 12 and multiple by total one month salary.
Religious holidays include Idul Fitri for Islamic workers, Christmas Day for Catholic and Protestant workers, Saka New Year’s Day of Quiet for Hindu workers, and Vesak Day for Buddhist workers.
LEGAL REFERENCES:
MINISTER OF MANPOWER REGULATION NO. PER-04/MEN/1994 [PERATURAN MENAKER NO. PER-04/MEN/1994]