BUSINESS LAW PAPER
PT
JAMSOSTEK INVITE
INDUSTRY
TO
INSURANCE
THE
EMPLOYEE
MUHAMMAD DHOHIR
(36110015)
SALTIAH (36110018)
SRI HANDAYANI JAMAL
(36110022)
NURUL MUKHLISA
(36110026)
ACCOUNTING
DEPARTMENT
STATE
POLYTECHNIC OF UJUNG PANDANG
2013
ACKNOWLEDGEMENT
Alhamdulillahi rabbil alamin, thanks to Allah SWT because
of the guidance so this paper had finished. This paper as one of task from
Business Law subject and
the topic is one of insurance company in Indonesia. The company is PT Jamsostek
who the one insurance company that have a power in this country.
The writer very realize that this paper have many mistake
and deficiency although have completed as good as we can. Because of that,
hopely criticism and suggestion from the readers who can give some advice to
make this paper more better. The writers also give thanks to Mr. Dahsan Hasan
as lecturer of our subject that is Business Law who have advise us to make this
paper.
Finally, we hope this paper can give advantage to the
reader so can understand the problems arround business in this country
specially in insurance side.
Makassar, January 2011
Writers
TABLE OF
CONTENT
Cover............................................................................................................... 1
Acknowledgement.......................................................................................... 2
Table of Content............................................................................................. 3
Chapter I Introduction .................................................................................... 4
A.
Background................................................................................... 4
B.
Problem
Statement........................................................................ 5
C.
Objectives of
the Paper................................................................. 5
D.
Significant
oh the Paper................................................................ 5
Chapter II Literature
Review.......................................................................... 6
A.
Partinent Ideas.............................................................................. 6
B.
Discussion..................................................................................... 10
Chapter III Conclusion and
Suggestion.......................................................... 20
A.
Conclusion................................................................................... 20
B.
Suggestion.................................................................................... 20
Bibliography................................................................................................... 21
CHAPTER I
INTRODUCTION
A.
Background
Life and human
activity, actually contains of various matter that show about intrinsic feature
from this life. Instrinsic feature means one of characteristic “undurable” that
always participate the life and human activities generally. Undurable happen
cause some happen that can not predicted before, so that can make uncertanty
happens. The uncertanty happens if we see from probability that will happen,
can be some incident or accident, usually named social risks.
Human as creatures of
Allah given excess to think out how to solve their problem. Exertion and effort
to solve and avoid some risk and give the risk to other people, with all
process to give our life risk be a started from insurance develpoment as a one
of economic activity until now.
One of insurance
company that still famous specially for private company is PT Jamsostek
(Persero). Jamsostek is abbreviation from labour social assurance and constitute
a public program that give protection to the labour to solve the economics
social risks and the implementation use social insurance mechanism. As a
National Corporation (BUMN)
that engage in social insurance, PT
Jamsostek (Persero) as organizer from labour social assurance rules.
Now, there are many labour
not understand the function of insurance company like PT Jamsostek (Persero),
so that many labour have not join as an insurance participant that will protect
themself from unpredictable work risk. So that, PT Jamsostek until nowdays
still invite the labour to be the participant indeed.
PT Jamsostek straight push the enterpreneur of company to
assurance their labours. This also as a realization from Act 3 of 1992 about labour
social assurance, but many industry in South Sulawesi area did not pay
attention to the rule. PT Jamsostek role in invite the labour to be a
participant as our reason to make the topic in our paper. Writers will describe
how this company invite industrialism to make assurance of their labour.
B. Problem Statement
There are two problem
statement that will discuss in this paper, that are:
1.
PT Jamsostek effort to
invite industry’s company to insuring their labours.
2.
The challenge that will
face by PT Jamsostek in carry out their effort.
C.
Objectives of the Paper
Base on the
problem statements above, the objectives of the paper are:
1.
To know the
effort did by PT Jamsostek to invite industry’s company to
insuring their labours.
2. To know what the challenge that will face
by PT Jamsostek in carry out their effort.
D. Significant of the Paper
To give knowledge for
the reader how is insurance, the advantages of insurance and how the effort and
challenge to invite industry to make insurance for all labours.
CHAPTER II
LITERATURE
REVIEW
A.
Partinent Ideas
1. Insuranse Company
Insurance in law and economyc side is a kind of risk management specially
use to value protect about contigent loss risk. On the other hand, insurance is
a system to make financial loss lower by distribute loss risk from someone or
corporate to the other.
Insurance in Act 2 of 1992
about insurance system is agreement two or more people, with guarantor party
fasten themself to guarantee, by accepting insurance payment, to give subtitute
to the guarantee because of loss, damage or lose profit or law responsibility
to the third party can be burden by guarantee, that happen from some uncertanty
incident, or give some payment based on life or pass away from someone that
guaranteed.
According to KUHD
section 246, insurance is agreement when guarantor fasten themself to some
guarantee with accepted some payment to
give subtitute to them because of some loss, damage or lose that
unpredictable can be happen and burden by them.
Corporate that
distribute the risk namely “guarantee”, and corporate that accept the risk
namely “guarantor”. The agreement between guarantee and guarantor called policy.
The policy is a legal contract that mention every terms and condition that
protected. The cost that pay by guarantee to the guarantor for guaranteed riks
called premium. This premium usually decided by guarantor for some funds that
claimed in the future, administrative cost and advantages.
In insurance world there are six basic principle
have must fulfill, that is:
a. Insurable interest: right
to insurance, that arising from financial relationship, between guarantee and
the insured is legally recognized.
b. Utmost good faith: an
action to reveal with complete and accurate, all material
fact about something will insurance
requested or not. It means: guarantor must explain clearly all about
provise/condition from insurance and the guarantee must give clear and
right explanation about interested
insured object.
c. Proximate cause: an active
causes, efficient that occur incident chain that occur some effect without
intervention from independent and new source.
d. Indemnity: a mechanism
where guarantor provide financial compensation in the effort to locate the
guarantee in financial position have by them awhile before loss event happen
(KUHD 252, 253 section, and distinct in 278 section).
e. Subrogation: right
prosecute transfer from guarantee to the guarantor after payment claimed.
f. Contribution: guarantor
right to invite other guarantor who have same burden, but not must have same
duty to the guarantee to give indemnity.
But,
some people regard as insurance as kind of bet obtain during policy period.
Insurance company bet about customer property will not lose when the customer
pay their money. Cost differences that pay to insurance company contra with amount of
accepted money if incident happen. Because of this reason, some religion
belonging to Amish avoid insuranse and depend on their community when the
disaster happens..
In good relationship
community very support if their society help each other to rebuild lose
property caused the incident. Little big society can not effectively support
above system and this syste, unwork for big risk. Insurance company available
offered some protection for the future, be a group or individually or other
corporates about overbalance loss probability, because of some risk.
In generally, insurance
company actually give vacancy and revenue source for society. Because of that,
the attendance of insurance company actually have more advantages. Dr. Van Oostveen on his
book said that: “Insurance company in economyc privatly have more advantages relate to
social economyc interested”.
On the other hand, can
be conclude that insurance company actually have two fuction, if we see from
social interest side or economyc side, that is:
a.
Insurance
company offer protection service to people who requier, so be an institute that
provide themself to accept other party risk, specially economyc riks. With
economyc mechanism have applied, every probablitiy to burden loss can solve
more fast and more accurate.
b.
All insurance
company will give work oppotunity to the job seekers and collect funds from
society, because closing insurance followed by premium payment.
2.
PT Jamsostek (Persero) as An Insurance Company
Jamsostek is abbreviation from social labour assurance, and public program
form that give protection for labour to solve social economyc riks and the
implementation use social insurance mechanism. As public program, Jamsostek
give the right, burdening duty certantly (compulsory) for the enterpreneur ant the labours base on Act 3 of 1992, regulate
kinds of program like Work Accident Assurance, Old Day Assuarance, Demise
Assurance, Health Maintenance Assurance, meanwhile participant duty is
administrative correctly, and pay the premium rightly.
In service improvment,
Jamsostek never stop to make breakthrough by online system for simplify service
system and claimed payment fast for Old Day Assuarance. Breakthrough and effort
like this will continued to make fast and easy the relationship between the
company with the insurance participants.
This program give
protection for participants if burden economyc and social risks with easy
payment for company enterpreneur and labours. Social economyc risks that
regulated by Jamsostek prograam limit for some protection about:
a.
Accident
event e. Physical defect
b.
Sick f. Old day
c.
Pregnant h. Pass away
d.
Have children
As
for the laws or rules goverrning the Jamsostek is the setting
up Jamsostek membership programs through Act 3 of
1992 about Jamsostek. About security arrangements outlined in the
implementation :
1.
Government regulation No. 14 of 1993
2.
Presidential decree No. 22 of 1992
3.
Minister of labor regulations No.
Per-12/Men/VI/2007
Jamsostek is based on the philosophy
of self-reliance and self-esteem to overcome the risk social economic. Independence means not
relying on others to pay for treatment at the time of hospital, life in the old days and their families, if
passed away. Self-esteem means that collateral is obtained as a right and not
the mercy of others.
So, as an insurance agency, PT Jamsostek
serves as the transfer of risk and the agency as a PT Jamsostek in terms of the transfer of risk serves as a container that bears
the risk experienced by participants or the policy of any possibility of
undesirable constraints. While as an absorber or collector funds
is intended as the company has activities to collect funds from the policy for
use in the payment of claims to the participants.
Payments of claims in question in
this case is the provision of compensation to any participant that it is
appropriate to get, for example old age security benefits, employment injury,
death benefits, etc. For example,
if the participant insurance is not working anymore because she was no longer
productive or in other words already experiencing retirement, then the payment
of claims for old-age security to his absolute right under the agreement at the
time of the insurance holding.
Based on this example, the reason
why any labor, specially in industrial and private labor needs to insure
themself, because
if they had retired to get retirement security and protection for her still
remain for their insurance continues. Therefore,
a company engaged in insurance such as PT Jamsostek is very necessary to provide
protection to the labour, in addition
the company because it prioritizes social welfare, so the company is required
to be sensitive to the social life of the community.
B.
Discussion
1. Role and Efforts PT Jamsostek in Getting the Industry to Insuring Labours
In terms of the activities carried out by PT Jamsostek
as an insurance company, then the company must week and recruit workers or labours
to insure themselves. Because, with the labours who signed up as a participant
of insurance, then the viability of the company will continue to run.
The company will be assessed keep running when
able to invite the labours to insure themselves because of the presence of
insurance, protection against the labour is guaranteed. Particularly in view of
the company’s workforce in the industry who do need more insurance to the
security protection for himself in the works.
However, judging from the membership of this
company, very few industrial companies that insure their labours. The list of
participants the most up to date is to company individuals and the private
sector workforce. Lack of industrial companies that insure their labours is
what continues to be taken into consideration by this company.
Various attempts were made to encourage
the industrial labour, starting at
the announcement through the media to the labours of the company work directly
provide insight PT Jamsostek itself as well as self insure benefits at this
company. Such efforts continue to be made in order to join the labour in the company for the protection of himself in the work so as to
create productivity in the work.
As well as a state in central
Jakarta, there are many small and medium-sized entrepreneurs as well as
industrial companies that do not insure their labours under the Jamsostek
program is labor, so much labor or employers that when there is something
undersirable no one can give an account and no risk to them.
This situation also attracted the attention of
the head of deputy mayor of Central Jakarta, Fatahillah, to instruct the
district and village heads as Central Jakarta to help lead the small and medium-sized entrepreneurs and market traders to be Jamsostek program participant,
participation is done to encourage the industry to participate enroll labours.
Jamsostek is a fundamental right of all labour to obtain protection. What’s
more, each labour vulnerable and at high rriks for accidents when was carrying
out its duties and obligations as a labour.
With the labour, can guarantee provide a sense
of protection to the labour so as to improve productivity. Safety problem of
Jakarta’s government has given attention by publishing gubernational 66 of 2010
and its amandements. Things like this that helped PT Jamsostek in getting
invites labour in order to join as an insurance participants.
To capture the small and medium-sized entrepreneurs and industrial companies pasticipated in Jamsostek, one
of the steps taken is to form a team from Jamsostek trustees for city level to
district level. The team included sub-district and village heads of bringing
businesses, individuals and industries including self-management in order to
increasing pasticipation and thus protect labour feel safe.
In accordance with Act 13 of 2003, on
Employment, labours that do not include labour participated in Jamsostek, can
be punishable by imprisonment for one year and a fine of Rp 100 million.
Jamsostek participants will receive four basic warranty covers life insurance,
accident, health care, and retirement.
Therefore, to prevent and cope with a
violation of this law, the presence of PT Jamsostek is very beneficial because it
can help the labour to insure themself in order to get protection and provide
security and comfort in the work. Because it can not be denied that the work is
the possibllity of risk is so great that is necessary to maximum protection
against these risks.
Protection and against the risk of
occupational accidents and occupational diseases is the oldest program and
there is usually always in Jamsostek system in almost all countries in the
world. As is known, the risk of work that is often experienced labour include
work accidents and occupational disease.
The difference between these two types of risk
due to this work lies in the time it happened. Work accident is an event that
usually occurs suddenly and violence to the physical structure/body of labour.
Hit by hard objects like, cut sharp objects, falling from a height, and others.
While the risk of occuoational disease arose slowly and can take 10 to 20
years.
But from the standpoint of Jamsostek programs,
both due the risk of this work have the same result, which can lead to
disability mortality, and treatment. In addition, the amount of compensation to
both the risk due to work quite well together. Therefore, listed in regulation
on compensation for occupational risks are the same. The provisions applicable
to reinforce the accident category and occupational diseases are also enforced
equally.
The risk is the same understanding of the
administration of Jamsostek for organized labour PT Jamsostek (Persero) which
has been regulated through the Act 13 of 1992. Specially for work accident
assurance, in this case, the defenition of accident is an accident that occured
in connection with the employment relationship, including disease arising from
employment relationships.
Similarly, the accident happened on the way
departing from home to the workplace and return home through the usual or
nominal path traversed. So with the PT Jamsostek program can provide protection
in the form of compensation and rehabilitation for labour injured at work at
the time of leaving for work, on the job until it was back to the house as well
as suffering from diseases caused by employment. Employment injured at work are
entitled to guarantees in the form of turnover and maintanance costs until
started healed and can work again.
Likelihood of this risk must be addressed so
that was issued Act 13 of 1992 on Labour and PT Jamsostek (Persero) which
became executor of the act. Therefore, the company’s effort to bring labour to
the industry is very helpful particularly in viewof the labour is in the works
and for the creation of productivity in the work.
2.
The Challenge Faced by PT
Jamsostek to Carry Out Their Effort
For approximately 33 years
PT Jamsostek running with full dedication and responsibility to all
participants. This age is an age old enough for the existence, the company’s
also wise step to defiend social rights and protect the labour as participants.
However, there is no doubt
also that for more than 33 years, Jamsostek is not getting Jamsostek challenges
and obstacles in the operations. The older the age is certanly a challenge that
never passed more and more also. Even at the end of 2006 the company had a huge
challenge in the line with the state of the company at that very crisis time.
Ongoing global crisis of the time to make some business
sector almost closed. This matter make PT Jamsostek very worried because
when many companies are closed, so that no other labour is also a Jamsostek
participants will have trouble paying premiums even decide to do with this
company.
The company
should bear the burden of the social assurance institute for labor in global crisis
increasingly squeeze the economy. Only preparedness resources that become the
foundation for the main durability of this company in the face of this global
crisis. Various efforts made to overcome the
challenges of PT Jamsostek in its path at the
time the company was still able to make up until now.
However,
the global crisis continues to this day, and this is a challenge for companies
is to bring welfare to the worker. Competence and
motivation to be the biggest challenge that must be answered. And this became
the beginning of the year 2011 to prepare for the momentum to continue and
increase the success while reforming.
Human
resources certainly be one of PT Jamsostek priorities
to face the challenges encountered. Since the establishment of this company,
which is on December 5, 1977 have large responsibility
that is, Jamsostek should be able to build a public image as an institution for
social protection and labor safety.
Expectations
and great responsibility is certainly not easy to achieve in this
global
crisis. However, it is where the company tested toughness. With human resources
about 3,000 people, the company is challenged to continue to provide excellent
service for participants.
In
realizing these expectations, required human resources who are competent and
have high motivation, which has the knowledge, skills and good behavior.
However, to find the human resources with the criteria is very difficult and
also in addition to the three aspect, high trust and honesty is
needed in running this business.
In
addition, the growth rate of labor increases, while labor insuring themselves
on PT Jamsostek is only about 40% of a challenge for this company. Therefore, if the increase in the number of participants under the employment
growth rate, then the PT Jamsostek will decline, unable to balance the number of
participants by the number of workers.
Therefore,
PT Jamsostek to meet the workforce participation of an average of 25%
(approximately 2 million people each year) or more. However, the fulfillment of
this goal is not easy and certainly will encounter obstacles more complex in
its implementation. Several experienced challenge in recruiting
membership program is currently facing by
Jamsostek, among others:
1.
Decrease of awareness and responsibility of the employer/contractors to engage its labour in the Jamsostek’s
program.
2.
There are still a lot of labor who do not know
that Jamsostek’s program
is entitled to protection. This is due to the low level of their knowledge and
about 78% of the labour in Indonesia is
still low education (junior high and elementary school).
3.
Program participation, Jamsostek
for which there are 3 kinds known
as Participant List Part, namely:
a.
Only a fraction of the labour included.
b.
Not all of the Jamsostek’s
program be included.
c.
Not paying full membership dues (dues are not
paid based on wages received by a month but based on basic salary only).
4.
Weighing the burden on employers to pay dues Accident Assurance, Old Day Assuarance, Demise
Assurance, Health Maintenance Assurance, each about 0.24 - 1.74%, 3.70%, 0.30%, and 3-6% of the monthly
wage, so directly
increase the cost of production (varible cost).
5.
Financial difficulties firms due to the
fulfillment of the government's policy is an increase in regional minimum wage
(UMR) for labor as
from April 1, 1995 and
again on the increase in the minimum wage plus approximately 10.63 per cent
from April 1, 1996.
6.
The increasing number of private insurance
companies that offer a wide range of protection targets at all levels of
society, specially in this era of globalization there is a foreign private
insurance companies to develop its business in Indonesia.
Chasing targets' Jamsostek
program participation was not as easy as
expected by the company, although normatively (Act 3 of 1992) states that every
worker is guaranteed the right to obtain soJamsostek, in fact only about 31% of the number of
workers covered by the Jamsostek program.
For the PT JAMSOSTEK need to work hard to fix themselves in addition
to the steps in the journey as follows:
1.
Improve infrastructure and facilities services for
Jamsostek program.
2.
Increase the ability, skill and performance of
its human resources.
3.
Improving the mechanisms for the participation
of labours' Jamsostek program.
4.
Able to create a market for
Jamsostek program, so do not just
wait for tuition alone.
5.
Characteristic of services
implemented are customer
service oriented.
6.
Improvement over the implementation of Jamsostek
programs in order to improve the quality of
service payment of compensation (claims), specially labor accidents was
disbursed after work accident investigation and this takes time. Expected with
the adeptness officer PT JAMSOSTEK. the service can be pursued completed one day
(one day services). So that no impression of the participants (entrepreneurs)
that the payment procedure conducted by PT JAMSOSTEK quite troublesome
while participants dues should not be too late.
7.
Increased cooperation with the relevant agencies
in the enforcement of (empowerment) regulations and employment legislation.
The existence of PT Jamsostek
deserves to be welcomed because their goal to make ease the burden of the workers from the dangers of occupational
risks faced specially accidents and occupational diseases. For operational going
concern, PT Jamsostek must not be separated in terms of profit from a
business carried on in addition to collecting funds of the Jamsostek
program participants for the purposes of
financing the payment of compensation (claims) labor.
The fund is expected to raise the PT Jamsostek does not just remain silent, what should be
pursued in order to increase the number of participants and the quality of the Jamsostek program services was also enhanced so that employers, specially those in the
industrial sector more incentive to insure their labours.
CHAPTER III
CONCLUSION
AND SUGGESTION
A.
Conclusion
Based on the description of the material that has been
discussed in the previous chapter authors, then we can
conclude that:
1.
PT Jamsostek role and efforts in invite the company has done in the field of industry,
for example, make a
team of coaches ranging from small industries and puffed up the major industry,
both from the district level to provincial level so that the workers get the
protection to him during work.
2.
Needed human resources who are competent and
have high motivation, knowledge, skills, and good behavior to overcome any
challenges encountered in the operations of PT Jamsostek in order to recruit workers to insure
themselves.
B.
Suggestion
By looking at the magnitude of potential accidents at this
time, the workforce is expected to insure themselves for as form protection and PT Jamsostek as the executor of
the labour social assurance is a means for the labour in
insuring themselves.
BIBLIOGRAPHY
Dwiyanto, Arif. 2007. Asuransi dan Industri Pelayanan. Prinsip
Dasar Asuransi.[internet]. January 9, 2007. http://id.wikipedia.org/wiki/Asuransi.
January 12, 2011.
Dwi, Atmono, Wisnu.
2009. Pengaruh Upah Intensif, Tunjangan
Kesejahteraan dan Jaminan Sosial Terhadap Produktifitas Kerja Karyawan.
Surakarta: Universitas Muhammadiyah Surakarta.
Rejeki, Sri, D, S.H.
1992. Hukum Asuransi dan Perusahaan
Asuransi. Jakarta: Sinar Grafika.
Silaban, Gery. 2004. Program Jamsostek, Hambatan dan Upaya Mengejar Kepesertaan. Medan: Universitas Sumatra
Utara.
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