LEGAL ANALYSIS OF CRIMINAL LIABILITY FOR SOCIAL SECURITY OF WORKERS PT KAWASAN DINAMIKA HARMONITAMA (CASE STUDY OF THE DECISION OF THE TANJUNG BALAI KARIMUN DISTRICT COURT, NUMBER: 270/PID.SUS/2019/PN.TBK)

Law

Social security means guarantees given to workers outside of official wages, such as benefits for sickness, collective leave, accidents, maternity and so on. PT. The Harmonitama Dynamics Area is located on Jalan Pasir Panjang, Semeral, Meral District, Karimun Regency, Riau Islands Province. The principles of the National Social Security System which guide BPJS Employment in carrying out its duties in managing contributions, should be contributions from PT. Kawasan Dinamika Harmonitama (KDH) or the company's obligations are paid to BPJS Employment, therefore there is a criminal dispute between PT. Kawasan Dinamika Harmonitama (KDH) as a participant with the Social Security Administering Agency (BPJS) for Employment, Tanjung Balai Karimun branch. 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). 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 responsibility for social security criminal acts of PT Kawasan Dinamika Harmonitama workers The problems studied, analyzed and discussed in this research include: how is the legal regulation of Workers' Social Security, how is the social security criminal liability of PT. Harmonitama Dinamika Area and how is PT's compliance. Dinamika Harmonitama Region carries out its Social Security obligations for its workers after the court decision. The results of this research are that legal arrangements for the protection provided by the government to participants of the Employment Social Security Administering Body (BPJS) already exist, namely by providing preventive and repressive protection. Procedures for enforcing criminal sanctions for companies in arrears in employment social security contributions are still not regulated in BPJS Employment board regulations because there are no technical regulations in the BPJS Law. The implementation of supervision carried out by BPJS Employment cannot be carried out optimally due to limited authority both in terms of investigations and investigations.

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