The National Social Security
System : (Sistem Jaminan Sosial Nasional - SJSN) A New Phase of
Struggle for Homeworkers' Welfare
by Ratno Cahyadi Sembodo
and Hesti R Wijaya
Background
In Indonesia, as elsewhere in the world, homebased workers are
categorized under the informal economy. They work without standard
legal approval or official recognition from the Department of
Labor and Transmigration. This predicament leaves them without
any access to social protection. Even the passage of Labor Law
No 13 in the past has not positively changed homeworkers’
access to social security. Since the law did not explicitly state
homeworkers’ coverage, the general perception remains that
they are excluded from obtaining social protection benefits.
After a long period of advocacy, Law No 40 otherwise known as
“Sistem Jaminan Sosial Nasional” (SJSN – National
Social Security System) has finally been promulgated. Through
this Law, the Government shall cover the social security of all
Indonesian citizens. Optimism is high and hope is rekindled anew,
that with the promulgation of SJSN, all workers in the informal
economy will be covered and protected.
Relevance of SJSN or Labor Law No. 40 to Homeworkers
- In Chapter 1, Social Security is defined as: “…
one form of social protection to secure all of the people to
obtain decent basic needs of life.” That it is designed
for all people, including homeworkers, validates the latter’s
inclusion as recipients under the law. The standard of a social
security system as it applies to Indonesia is further stated
in Chapter 3 : “National Social Security System aimed
at full provision of decent basic needs of living to its members
and/or their family members.” By Law, the NSSS will extend
minimum protection using the criteria of decent basic living
(Kebutuhan Hidup Layak), taken to mean as meeting minimum basic
needs in order to have a decent life – this ultimately
is the realization of social welfare for all Indonesian people.
- The provision for social security, as explicitly stated in
the NSSS, shall be extended to all Indonesian people who suffer
from illness, accident, loss of job, entering into old age or
needing pension resulting from total loss or decrease of income.
The homebased workers, particularly the self-employed women,
are therefore not excluded from availing themselves of said
privileges provided by law.
- Chapter 14 states that the government is committed to the
poorest of the poor and financially incapable persons, who as
recipients of government-supported welfare plan must be registered
with the Social Security Implementing Board. Under said scheme,
a homeworker may participate as self-employed by paying the
nominal rate determined by the government or may join the system
through a neighborhood group. Homeworkers in the putting-out
system may avail themselves of the scheme through joint payment
with immediate employer or job provider. Even workers receiving
low wages are encouraged to participate in the insurance program.
They should be given access to claim their rights to social
security not only for themselves but also for their families.
- Social Security under this law is obtained depending on the
capacity of a person to pay: whether she or he may choose to
avail of all the privileges offered or may choose just covering
one or two of the following - health, accident at the work place,
pension, old-age security; and death.
- In view of all of the above, the law provides for the establishment
of the Board of Social Security with four agencies to undertake
the task of implementation and facilitate social security extension
to workers: Workers Social Security Company (PT Jamsostek);
Government – Civil Servant Insurance and Saving Fund Company
(PT Dana Tabungan dan Asuransi Pegawai Negeri – TASPEN);
Social Insurance of the Army of Republic of Indonesian Company
(PT Asabri); and Indonesian Health Insurance Company (PT ASKES
Challenges Ahead
The recent promulgation of SJSN or Law No 40 may have sparked
some hope and promise of advancement towards the advocacy for
informal workers in general and homebased workers in particular.
However, in order for the law to become meaningful, responsive,
favorable and beneficial to the sectors concerned, some challenges
towards its effective implementation must be hurdled.
- To date, there are still some 21 compulsory implementing regulations
under this law that must be passed. Otherwise its full implementation
will prove futile.
Additionally, Chapter 52 on Transitional Directives states that
all regulatory directives of the Social Security Implementing
Board should be in place within five-years’ time. Therefore,
there is need for concerted effort and relentless pursuance of
public policy advocacy to push the Government to pass all the
implementing regulations. This is to ensure that within five years,
social security will be accessed by homebased workers and the
rest of Indonesian people. Moreover, learning from past experiences
of disappointment, there is need to keep track of the good intention
of the law through advocacy, monitoring and consultation.
- The government plays a crucial role in implementing the program.
But again, there must be a concerted effort by nongovernment
organizations to serve as “watchdog” in order to
ascertain that indeed, the government will live up to its commitment
to gradually make insurance privileges available to all concerned.
Of crucial importance is the financial capacity of the government
because of its position and power to either deny or provide
provision of full insurance packages.
- The apparent absence of imperative power in the law may make
the National Social Security System inutile or inefficient.
For example, there is no sanction for uncooperative employers
who refuse to make contributory payments for workers’
insurance. Those in power are not obliged to dutifully obey
and fulfill their responsibility under the law.
- Finally, the organizing efforts among informal sector and
homebased workers must be pursued at all levels. Behind the
success of every advocacy effort and the realization of every
endeavor is the magic of solid strength that homeworkers are
now learning to muster.
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