The Presidential Regulation or Perpres No 111/2013, which amends Perpres No 12/2013 on Healthcare Security, includes some articles ruling healthcare for worker, such as follows:
| Articles (Section) |
Clauses |
| 6 (1) |
Health insurance membership is obligated to every citizen of Indonesia. |
|
6 (3) |
The obligation to register health insurance membership stated in section (2), is for:
|
|
11 (1) | Employers according to Article 6 section (3) is obligated to register themselves and their employees to BPJS Kesehatan as the members of health insurance by paying premium insurance. |
It is obvious that every company is obligated to register their employees as the member of BPJS Kesehatan’s national healthcare security (JKN). This is also stated in the Law or Undang-Undang No 24/2011 on Social Security Agency (BPJS) as health insurance is one of social security program ruled by the government.
The Law also imposes penalty to every company (employer) defying the rule–and decline to register its employees. Article 17 section 1 and 2 states employer disobeying to the government regulation on national healthcare security will be given administrative penalties:
- Warning letter;
- Fine; and/or
- Public service restriction/ban
For instance, a company in Semarang applying a permit to the city’s Investment and Integrated Service Agency (DPMPTSP) should be registered as the member of BPJS Kesehatan’s JKN. Otherwise, the agency will send a report to BPJS. Then BPJS will issue a warning letter addressed to such a defying company.
Besides, Article 55 of the Law or UU BPJS specifies an employer breaking the rule of social security shall be sentenced maximum eight years in prison or fined maximum Rp 1 billion.
Company owners deliberately excluding their employees is ignorant to their workers proper lives. Since health is a vital factor contributing to employee’s performance, the government has intervened by enforcing supplementary regulation of Presidential Regulation or Perpres No 111/2013, which amends Perpres No 12/2013 on Healthcare Security, Article 11 section 2 (b):
“If the worker is not registered to BPJS Kesehatan, the employer is fully responsible for providing healthcare–when the worker need–equal to the benefit offered by BPJS.”
In December 2015, PT Champ Resto Indonesia (PT CRI) in Jakarta was reported by its workers to the Ministry of Manpower. Wahyu Widodo, Ministry’s Director of Social Security endorsed what the workers did as they deserved to be included in national social security programs–one of them is health insurance administered by BPJS Kesehatan.
The report was triggered by a labor union member’s baby death. The baby was previously sick and getting worse as his parents were unable to meet the expense of healthcare. Ironically, the baby’s father, Kemal Ahmad, had worked for PT CRI for 14 years. In the workers and public views, such a sadly incident indicates a bad example of company.
Also Read: How to Calculate Social Security Administration for Employment in Indonesia (BPJS Ketenagakerjaan)
To avoid risk of penalty and/or labor strike, it is better for your company to align with the regulation and facilitate your employee’s regular payment of health insurance premium to BPJS Kesehatan, which is 5% from monthly salary (the employer subsidize 4% and the employee afford the rest). Healthcare security program by BPJS Kesehatan will not only be beneficial for the workers, but also the company as well.
Have a stack of tasks related to BPJS Kesehatan in your office? You should use HR online apps, Gadjian, that will benefit you in managing health insurance for your employees. This HRIS software will help you much, from calculating employee’s insurance premium to reporting SIPP BPJS.
