Fulfilment of the Social Security Rights of Indonesian Migrant Workers after the Transition of the Insurance Consortium Becomes a Social Security Organizing Agency (BPJS)

Abstract

This Research aims to analyse fulfillment of social security rights of Indonesian migrant after the transition if the insurance consortium becomes a Social Security Organizing Agency (BPJS). This is normative legal research using statutory approach and conceptual approach as research method. The result of this research showed that there are 13 (thirteen) risk borne by migrant worker social security regulated in insurance consortium and after the transition to BPJS, there are only 3 (three) programs offered, those are JKK and JKM Which are mandatory and JHT which is voluntary. The synchronization of the regulation between PPMI Law with the 1945 Constitution as the basic rule has no problems if a vertical synchronization analysis is carried out, then in terms of fulfilling the rights of PMI and their families, it has fulfilled the principles of Human Rights, although there are still unsynchronized with several other rules such as differences in benefits offered in the BPJS Law with the PPMI Law in horizontal synchronization.