ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP PEKERJA BUKAN PENERIMA UPAH DALAM PROGRAM JAMINAN SOSIAL KETENAGAKERJAAN

Abstract

This research is motivated by the issue of the sustainability of Non-Wage Recipient Workers (BPU) participation in the Employment Social Security Program after the end of contribution assistance provided by the Magetan Regency Government. The three-month contribution assistance as an effort to expand social protection has not provided legal certainty regarding the continuity of protection when BPU workers are required to independently pay their contributions. This study aims to analyze the legal protection arrangements for BPU workers and the ideal construction of legal protection based on the perspective of legal certainty. The research method used is normative legal research with statutory and conceptual approaches through literature studies of primary and secondary legal materials analyzed prescriptively. The legal bases used in this research include the 1945 Constitution of the Republic of Indonesia, Law Number 40 of 2004 concerning the National Social Security System, and Law Number 24 of 2011 concerning the Social Security Administering Agency. The results show that social security regulations have provided a legal basis for protecting BPU workers; however, they have not specifically regulated the mechanism for maintaining participation after the end of contribution assistance. Therefore, strengthening regional regulations and policies is required to ensure sustainable social protection for BPU workers.