KEPASTIAN HUKUM JAMINAN KECELAKAAN KERJA BAGI MAHASISWA PEMAGANGAN DI SEKTOR BERISIKO TINGGI DALAM PERSPEKTIF HAM

Abstract

This research examines the normative gap in social security protection for student interns within high risk sectors in Indonesia. The coexistence of the labor based apprenticeship regime under Minister of Manpower Regulation Number 6 of 2020 and the curriculum based internship regime under Minister of Education Regulation Number 63 of 2024 creates legal uncertainty regarding the fulfillment of the right to social security. Using a normative legal research method with statute and conceptual approaches, this study analyzes state obligations to respect, protect, and fulfill the right to occupational safety and health. The results indicate that while apprentices are explicitly integrated into the social security system, student interns lack a coherent mandatory framework for Work Accident Insurance (JKK). This study concludes that a normatively valid protection model must be constructed by repositioning student interns as participants in the social security system based on the principle of social justice and the state obligation to provide protection in hazardous working environments.