JURIDICAL ANALYSIS OF THE IMPLEMENTATION OF LABOUR SOCIAL SECURITY (BPJS) FOR WORKERS IN PT KAWASAN HARMONITAMA DYNAMICS, TANJUNG BALAI KARIMUN

Law

BPJS Employment is a public program that provides Protection for workers to address specific socio-economic risks and its implementation uses a social insurance mechanism. Unable to carry out its obligations in the form of paying arrears contributions and fines to BPJS Employment Tanjung Balai Karimun Branch, Riau islands. This legal research is a combination of normative research and empirical research that is oriented towards positive legal norms (ius constitutum), namely: research that focuses more on the implementation of positive legal norms and principles in the form of a statutory regulation approach (statatus approach). The field observations that are relevant to the study of the problem formulation of legal issues in this legal research. This legal research seeks to identify the implementation of employment social security (BPJS). The results of this research are regarding procedures for enforcing criminal sanctions in the BPJS Law, until now there are no standard rules regarding types of receivables that can be categorized as receivables that indicate a criminal offense of violating Article 19 of the BPJS Law. The implementation of enforcement of criminal sanctions for companies in arrears in employment social security contributions is an obstacle in the implementation of criminal sanctions under Article 55 of the BPJS Law for violations of Article 19 of the BPJS Law, namely conflicts of interest and sectoral egos of the parties involved. If the application of administrative sanctions and civil sanctions is deemed unsuccessful, then criminal sanctions can be applied. The application of criminal sanctions is intended to have a deterrent effect on perpetrators of violations and at the same time set an example for others not to commit similar violations.

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