Efforts to Protect the Welfare of Indonesian Domestic Workers

for Termination of Work Due to Covid - 19

Muhammad Ade Mirza Kurniawan
Faculty of Law
State University of Semarang
Gedung K, Faculty of Law Unnes, Sekaran Gunungpati, 50229. Call Center : (024)
8507891. Email: fh@mail.unnes.ac.id. Web: http://fh.unnes.ac.id/

Abstract :

The Covid-19 pandemic has hit the world for almost 2 years since the first case was
detected in Wuhan, China at the beginning of December 2019. This has made many changes
to the order of human life from the normal pattern of life before the Covid-19 pandemic hit
until it changed to life. which is completely limited at this time which forces the creation of
new conditions in human life.2 These changes in human life affect every segment of human
life, social, economic, political, and legal. One of the most torturous impacts for the
community is where there are many layoffs caused by the impact of the Covid-19 pandemic
in Indonesia, namely wide-scale social restrictions. This makes many economic sectors stall
and stagnate with the halt and stagnation of human life, namely buying and selling which is
the most important element in economic factors, when people have no income when they are
not working because of government regulations that prohibit and instruct people to just stay
at home without working. go out anywhere to suppress the transmission of Covid-19 in
Indonesia, which is the source of the problem of people's loss of purchasing ability.
Termination behaviors during a pandemic such as Covid-19 are very common and
widespread in all corners of the country due to the economic conditions that exist in
Indonesian society itself, responding to this the government has issued a statutory regulation
to help workers workers in Indonesia to survive even though they do not have other jobs
through the Social Security Administration (BPJS) which presents a renewal by creating a job
loss insurance program (JKP). This study uses a Normative - Sociological approach that
underlines research on regulations that will be adapted to the conditions of the community,
this article is made as a reference for discussing the job loss insurance program (JKP).
Keyword : The state of the world, Covid-19, the impact of Covid-19 on the employment

sector, the job loss insurance program (JKP)

I. Pendahuluan

Domestic Indonesian workers are all workers who have Indonesian citizenship as
evidenced by having a resident identity number (NIK) or have been deemed and
legally ratified as having Indonesian citizenship who work in the country, they are the
important capital for the business sector as workers. who run the business, without
them the business sector will not be able to run.

Indonesian workers face many obstacles and obstacles in achieving prosperity in

their lives with the presence of several types of adverse regulations, unstable
economic conditions with fluctuations in the price of basic foodstuffs and things that
are necessities for life that are not accompanied by an increase in their wages or
salaries, and coupled with the presence of a condition that humans never imagined
after the Spanish Flu virus attacked in the early 20th century, namely where changes
in conditions and the order of human life changed with the presence and spread of the
Covid-19 Virus which became a pandemic in all parts of the world. world.

The Covid-19 pandemic has exacerbated the welfare state of Indonesian workers
who are still not prosperous with this phenomenon making human life hampered by
changes in human habits to interact directly with each other and during a pandemic
this cannot be done because it endangers lives by transmitting the Virus - 19 through
points - virus grains that are invisible to the naked eye. This has caused several
industrial sectors and other businesses to become critical, with reduced human
activities interacting directly with each other and even encouraging the issuance of
policies prohibiting direct or face-to-face interactions to reduce and suppress the rate
of transmission of the Covid-19 virus in Indonesia by the Government. Indonesia.

This condition forces business actors, both investors and implementers, to suffer
huge losses by reducing the purchasing power of the community and reducing
community activities outside the home with the issuance of government regulations to
prohibit activities outside the home for the general public and even with sanctions in
it.
 This is evidenced by the sharp recession that occurred in the growth of the world
economy to reach 4.4 – 5.2%. This is supported by the decline in Indonesia's Gross
Domestic Product (GDP) in the fourth quarter of 2020, growing -2.19% compared to
the same period in the previous year. From this condition, the real thing that we can
see is the unilateral Termination of Employment (PHK) on the grounds of the Covid-
19 pandemic, which makes business actors lose and go out of business.

These conditions encourage anger and turmoil in Indonesian society, when difficult
economic conditions are coupled with layoffs that occur everywhere and are driven by
conditions that cause people to be unable to do anything but just surrender and
surrender to the existing conditions. The Government of the Republic of Indonesia
responded to this as an institution authorized to maintain and ensure the survival of
the Indonesian people by issuing a Job Loss Insurance (JKP) policy which was
implemented by the Social Security Administration (BPJS) as the executor.

This step is intended as a solution to the problems that occur in Indonesian society
during the Covid-19 pandemic. This policy is contained in Law No. 11 of 2020
concerning Job Creation and clarified by Government Regulation no. 37 of 2021
concerning the Implementation of the Job Loss Guarantee Program which is the legal
basis for the implementation of the policy as well as the guarantor of the
implementation of the policy. In the regulations mentioned above, a new term and
concept has been introduced, called Job Loss Guarantee (JKP).

Coupled with changes in the pace of socio-economic transformation as a result of

the industrial revolution 4.0, in that era brought several changes in various sectors.
Employment is no exception. Concepts of labor rules that have been in effect
previously (conventional) are considered irrelevant to be applied, one of which is
regarding the point of view of seeing workers no longer as objects in business
activities but subjects who also have a voice and rights that must be seen, fulfilled,
and guaranteed.

This is a strong reason for the author to examine more deeply the content and
implementation of these new government terms and policies as a point of view in
responding to the creation of a Job Loss Guarantee (JKP) policy as a solution to
problems that arise both from the presence of the Covid pandemic. – 19 or not created
by the Indonesian government through Law no. 11 of 2020 concerning Job Creation.
II. Research Methode

This research was conducted to examine more deeply about the government's steps
to protect domestic Indonesian workers who are trying to create prosperity for
themselves by fulfilling basic and additional rights for these workers through a review
of the content of a new element, namely Job Loss Guarantee. (JKP) contained in Law
No. 11 of 2020 concerning Job Creation.

The purpose of this study is to provide a perspective on the new policies taken by
the Indonesian government by presenting a new program in an effort to create the
welfare of Indonesian workers who work domestically and maintain and protect the
survival of the Indonesian people which in this case is determined by the income they
earn. Get it from work that has stalled due to the widespread Termination of
Employment (PHK) carried out in the conditions of the Covid-19 pandemic.

This study uses a normative legal perspective which emphasizes the study of
regulations, rules, or norms that have been applied in the pattern of Indonesian
employment, especially Indonesian workers, in which an in-depth study of Law no.
11 of 2020 concerning Job Creation and Government Regulation no. 37 of 2021
concerning the Implementation of the Job Loss Guarantee Program which is the legal
basis for the implementation of the policy as well as the guarantor of the
implementation of the policy.

The approach used in this research is the State Approach, which focuses on
examining all the laws and regulations governing the concepts and flow of the
Employment Loss Insurance Program (JKP) in accordance with the Job Creation Act
and emphasized by Government Regulation No. 37 of 2021 as an implementing
regulation.

The second approach is the legal political approach or legal policy or official line
(policy) regarding the law that will be enforced by the government by making new
laws or by replacing old laws, in order to achieve state goals. That is as an activity to
choose the method that will be used to achieve a social goal that is aimed at the
formation of a certain law in society.
 The last approach is a conceptual approach, namely by studying the views and
doctrines that gave birth to legal theory, which in this case is used as the basis for
determining whether the policy of providing Job Loss Insurance includes reforms
whether implemented by the Indonesian government or not and research Legal
research conducted by researching library materials or secondary data is called
normative legal research.

III. Pembahasan

Indonesian workers who work domestically are the term for those Indonesian
citizens who work domestically, in this current era workers are introduced to a new
concept of Job Loss Guarantee (JKP) as social security provided to workers who have
been terminated, which is present as a solution to the socio-economic problems that
occur in Indonesian society.

Conceptually, social security or protection is a tool used to fulfill at least some

basic human needs. The concept actually existed before with the concept of a social
insurance program financed by contributions from the workers themselves and their
employers until it was initiated and used as the basis for "Social Security" which
would later inspire the creation of the concept of Job Loss Security in the Job
Creation Act.

Conceptually, social security has been fully recognized and understood by the
world community as one of Human Rights (HAM) which can be seen in Article 22 of
the 1948 United Nations Universal Declaration of Human Rights which states:

“Everyone, as a member of society, has the right to social security and has
the right to the realization of economic, social and cultural rights which
are indispensable for his dignity and the free development of his person.
Through national efforts as well as international cooperation, and in
accordance with the arrangements and resources of each country."

If we explore the concept of guarantee in the daily life of Indonesian people, we

can see it in the principle of Indonesian society, namely mutual cooperation. The
implementation of social protection programs in principle adheres to a mutual
cooperation system, both through intergenerational mutual cooperation (horizontal)
and between income groups (vertical).

Formally, social security or protection systems can be grouped into several forms,
namely: (i) social assistance; (ii) old-age savings; (iii) social insurance; (iv) the
responsibility of the employer. In this case the Job Loss Guarantee (JKP) is included
in social security in the form of social insurance, because it covers a risk, namely loss
of work. There are several considerations or issues that gave birth to this new policy
and concept.

First, the Covid-19 Pandemic under these conditions forced business actors, both
investors and implementers, to suffer huge losses due to reduced purchasing power
from the community and reduced community activities outside the home with the
issuance of government regulations to prohibit activities outside the home for the
general public. and even with sanctions in it.

This is evidenced by the sharp recession that occurred in the growth of the world
economy to reach 4.4 – 5.2%. This is supported by the decline in Indonesia's Gross
Domestic Product (GDP) in the fourth quarter of 2020, growing -2.19% compared to
the same period in the previous year. From this condition, the real thing that we can
see is the unilateral termination of employment due to the Covid-19 pandemic, which
makes business actors lose and go out of business and are forced to lay off their
workers in inadequate conditions. Second, because of the misuse of another form of
employment social security in Indonesia, namely Old Age Security (JHT).

This is evidenced by the sharp recession that occurred in the growth of the world
economy to reach 4.4 – 5.2%. This is supported by the decline in Indonesia's Gross
Domestic Product (GDP) in the fourth quarter of 2020, growing -2.19% compared to
the same period in the previous year. From this condition, the real thing that we can
see is the unilateral Termination of Employment (PHK) on the grounds of the Covid-
19 pandemic, which makes business actors lose and go out of business.

These conditions encourage anger and turmoil in Indonesian society, when difficult
economic conditions are coupled with layoffs that occur everywhere and are driven by
conditions that cause people to be unable to do anything but just surrender and
surrender to the existing conditions. The Government of the Republic of Indonesia
responded to this as an institution authorized to maintain and ensure the survival of
the Indonesian people by issuing a Job Loss Insurance (JKP) policy which was
implemented by the Social Security Administration (BPJS) as the executor.

This step is intended as a solution to the problems that occur in Indonesian society
during the Covid-19 pandemic. This policy is contained in Law No. 11 of 2020
concerning Job Creation and clarified by Government Regulation no. 37 of 2021
concerning the Implementation of the Job Loss Guarantee Program which is the legal
basis for the implementation of the policy as well as the guarantor of the
implementation of the policy. In the regulations mentioned above, a new term and
concept has been introduced, called Job Loss Guarantee (JKP).

In the implementation of the Job Loss Guarantee (JKP) which has been regulated
in Law no. 11 of 2020 concerning Job Creation and confirmed by Government
Regulation no. 37 of 2021 concerning the Implementation of the Job Loss Guarantee
Program, the government must take into account several important aspects that follow
it.

First, the real impact that can be felt and seen with the presence of the Covid-19
pandemic is Termination of Employment (PHK) which occurs everywhere. It was
recorded that 114,340 companies had laid off and laid off workers with a total of
1,943,916 workers affected, with a percentage of 77% from the formal sector and
23% from the informal sector. The economic impact of Covid-19 will stop the
businesses of nearly 24 million people in East Asia and the Pacific. The World Bank
also estimates that nearly 35 million people will remain in poverty.

This is something that the government must pay attention to with the large number
of workers experiencing Termination of Employment (PHK) at one time by
employers or during a multidimensional crisis such as the Covid-19 pandemic like
this, the government must be able to regulate state finances. which on the one hand is
experiencing a decline due to the country's economy experiencing a slump and the
government must and is obliged to fulfill the amount of money that is set as collateral
when the workforce experiences Termination of Employment (PHK) according to
applicable regulations.

In addition, the premature disbursement of the Job Loss Guarantee (JKP) is another
problem. JKP provides compensation when the workforce reaches the age of 55 years,
suffers permanent and total disability, dies, leaves Indonesia not to return, or
 experiences termination of employment with a membership period of at least five
years. In essence, JKP should be a social security designed to provide benefits to
workers in the form of guarantees for their survival in the future after the workers
concerned are not working or are not productive again, but the data shown by the
Social Security Administration (BPJS) Employment shows different things, namely
85% of JPK claims until 2020 are made by workers who have not yet entered
retirement age. In addition, based on claim data from BPJS Employment, the highest
claims are in the range of 1-5 million balances.

In its implementation, JKP for participants is integrated into one social security
program membership at BPJS Ketenagakerjaan. The funding for the job loss
guarantee program (JKP) comes from monthly contributions of 0.46% of a month's
wages with an upper limit of Rp. 5,000,000.00. The contribution comes from
contributions paid by the central government by 0.22% and the rest from the
recomposition of contributions from the Work Accident Insurance (JKK) and
Maritime Security (JKm) program contributions (JKK is recomposed by 0.14% and
JKM by 0.1%) . The contribution is paid to BPJS Employment based on membership
data from BPJS Employment which is also integrated with BPJS Health membership
data.

IV. Simpulan

Indeed, work has a very important meaning in human life so that everyone certainly
needs a job. Work can be interpreted as a source of income for a person to meet the
needs of life for himself and his family, and can also be interpreted as a suggestion to
actualize himself so that a person feels that his life becomes more valuable both for
himself, his family and the environment. Therefore, the right to work is a human right
inherent in a person that must be upheld and respected.

This also applies to protection related to the basic rights of workers, especially
Indonesian workers, which is the talking point in this paper. As one of the drivers of
economic life and is a resource that is quite convincing with quite an abundance of
human resources who are in their productive age, namely those aged 15 years - 64 years.
This can be used as an indication that can be seen by the high number of unemployed in
Indonesia and the low or minimal job opportunities provided by the government or other
 stakeholders. This makes the need for protection of Indonesian workers who work
abroad and actively play a role in developing the country as the largest foreign exchange
earner for the Republic of Indonesia.

Decent work and the right to livelihood According to the authority of the 1945
Constitution, foreign workers can work hard to meet the needs of life and/or their family
members and to carry out work. In the article above, foreigners who marry of different
races and their families can do business and work in Indonesia to fulfill the needs of
themselves and their families and respect human rights. equality and treatment in an
employment relationship. workers' human rights regulations are implemented.

This step is intended as a solution to problems that occur in Indonesian society. By

fulfilling social security for Indonesian workers, which in this case is Job Loss
Guarantee (JKP) for workers who experience Termination of Employment (PHK) or
experience things that make them unable to work during the Covid-19 pandemic. This
policy is contained in Law No. 11 of 2020 concerning Job Creation and clarified by
Government Regulation no. 37 of 2021 concerning the Implementation of the Job Loss
Guarantee Program which is the legal basis for the implementation of the policy as well
as the guarantor of the implementation of the policy. In the regulations mentioned
above, a new term and concept has been introduced, called Job Loss Guarantee (JKP).

According to the author, this step is the best thing that the current government can
do to address the problems that are present in the conditions of the Covid-19 pandemic
and the economic recession which is one of its impacts.

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