PENYELENGARAAN PERLINDUNGAN HUKUM TENAGA KERJA MELALUI JAMINAN SOSIAL KETENAGAKERJAAN DI KABUPATEN TANAH DATAR

Abstract

The complexity of employment problems is a strategic issue. Judging from the philosophical and ideals and philosophy of the Indonesian nation as enshrined in Pancasila and the 1945 Republic of Indonesia Constitution, Article 27 paragraph (2) concerning citizens' rights to workers and the right to a decent living for humanity and Article 28 letter D of the State Constitution Republic of Indonesia of 1945 that, every person has the right to work and receive fair and decent compensation and treatment in employment relationships. with government intervention mandated in Law Number 11 of 2020 concerning Job Creation in the Employment cluster covering three laws which were merged into one, namely Law Number 13 of 2003 concerning Employment, Law Number 40 of 2004 concerning Guarantee Systems Social, and Law Number 24 of 2011 concerning Social Security Administering Bodies. including Law Number 43 of 2014 concerning Regional Autonomy, there have also been changes, in the Employment cluster the government is trying to harmonize the laws governing Job Creation strategic policies.

The formulation of the problem raised by the author in this research is, How is the implementation of legal protection for labor through BPJS Employment in Tanah Datar Regency, and the obstacles in implementing legal protection for Labor through BPJS Employment in Tanah Datar Regency. This type of research is sociological or empirical legal research which is initially researched with secondary data, and then continued with research on primary data in the field, or on society.

The results of this research show that legal protection for workers through BPJS Employment has not been maximized, there are still many business entities that have not registered their workforce in the 5 BPJS Employment programs, Batusangkar Branch. There are 2 obstacles to legal protection for workers, namely internal and external. Internally, these are work relations, work conditions, work agreements, collective work agreements, company and trade union regulations, these things are not yet running in accordance with applicable regulations. The external factor is that law enforcement in imposing administrative sanctions is not working because the formation of regional autonomy laws which are regional authority has moved to the

province, there is a lack of facilities and infrastructure and the budget is not available and the public's understanding of the Job Creation Law is very minimal. Lack of guidance from the Government regarding Industrial Relations. Suggestions are that BPJS Employment optimizes its program work and improves the quality of its services in providing protection to workers. And the government's active role is the main role in creating harmonious industrial relations in Tanah Datar Regency.

Keywords: Labor Law Protection, BPJS Employment.