ANALISIS HUKUM TERHADAP KASUS PELANGGARAN KEWAJIBAN PROGRAM JAMINAN SOSIAL TENAGA KERJA OLEH PERUSAHAAN TERHADAP TENAGA KERJA

(STUDI KASUS TERDAKWA YACOB KUSMANTO BIN YOSEP KUSMANTO DI PT. DIALOGUE GARMINDO UTAMA)

Abstract

The case of violating the obligation of the Employee Social Security Program by a company against its employees, as seen in the case of Defendant Yacob Kusmanto bin Yosep Kusmanto at PT. Dialogue Garmindo Utama, highlights the complexities in implementing labor regulations in Indonesia. On January 2, 2013, the Defendant failed to fulfill the obligation of providing protection to employees engaged in an employment relationship, particularly concerning witness Jon Fernandes Lumbantoruan. Witness Jon Fernandes Lumbantoruan, who worked as a Supervisor Distributor at PT. Dialogue Garmindo Utama, experienced a workplace accident on March 25, 2013. Following this incident, he inquired about his entitlement to Employee Social Security (Jamsostek) from the company but received a response indicating that the process was ongoing. Further investigation revealed that PT. Dialogue Garmindo Utama had not registered witness Jon Fernandes Lumbantoruan as a Jamsostek participant. The Defendant's actions are analyzed within the framework of applicable law, particularly Article 29 paragraph (1) in conjunction with Article 4 paragraph (1) of the Republic of Indonesia Law Number 3 of 1992 regarding Employee Social Security in conjunction with Article 2 paragraph (3) of the Republic of Indonesia Government Regulation Number 14 of 1993 concerning the Implementation of the Employee Social Security Program. This study aims to elucidate the legal aspects of this case and understand the challenges in administering the employee social security program. The analysis results provide insights into the implementation of labor law in Indonesia and the necessity of increasing awareness and compliance among companies regarding their obligations in providing protection to employees through the Jamsostek program.