Rina Rahma Ornella Angelia, Yenni Fitria, Andi Desmon

JAMINAN SOSIAL SEBAGAI HAK KONSTITUSIONAL: KETIDAKSETARAAN PERLINDUNGAN PEKERJA INFORMAL DI INDONESIA

Introduction

Jaminan sosial sebagai hak konstitusional: ketidaksetaraan perlindungan pekerja informal di indonesia. Telusuri ketidaksetaraan perlindungan jaminan sosial bagi pekerja informal di Indonesia sebagai hak konstitusional. Pahami faktor penyebab dan solusi kebijakan untuk kesetaraan.

Abstract

Social security is a constitutional right inherent in every citizen and is guaranteed by the 1945 Constitution of the Republic of Indonesia. As a state based on law that adheres to the principles of a welfare state, Indonesia has a constitutional obligation to provide a fair, inclusive, and non-discriminatory social security system for all workers. However, in its implementation, disparities in social security protection between formal and informal workers persist. This article aims to analyze the position of social security as a constitutional right within Indonesia’s national legal system and to identify the legal and policy measures undertaken by the government to address such disparities. This study employs a normative juridical research method using statutory and conceptual approaches through an examination of primary, secondary, and tertiary legal materials. The findings indicate that inequality in social security protection for informal workers is influenced by several factors, including unstable income conditions, limited regulations specifically governing the legal status of informal workers, low levels of social security literacy, as well as administrative and bureaucratic barriers in the participation process. Therefore, strengthening explicit regulatory frameworks, adjusting contribution payment schemes to be more flexible, and enhancing public outreach alongside simplifying administrative procedures are necessary to achieve equitable social security protection in accordance with constitutional mandates. Keyword: Social security, constitutional rights, informal workers, BPJS Employment, social justice

Review

This article, "JAMINAN SOSIAL SEBAGAI HAK KONSTITUSIONAL: KETIDAKSETARAAN PERLINDUNGAN PEKERJA INFORMAL DI INDONESIA," addresses a critical issue within the Indonesian legal and social framework: the disparity in social security protection for informal workers, despite its constitutional recognition. The paper effectively contextualizes social security as an inherent right guaranteed by the 1945 Constitution, underscoring Indonesia's constitutional obligation as a welfare state to ensure a fair, inclusive, and non-discriminatory system for all citizens. By foregrounding this constitutional mandate, the study highlights a significant gap between legal aspiration and practical implementation, setting a clear objective to analyze the legal standing of social security and the existing governmental measures. The research employs a normative juridical method, utilizing statutory and conceptual approaches to scrutinize primary, secondary, and tertiary legal materials. This robust methodology allows for a detailed examination of social security's position within Indonesia's national legal system and the identification of barriers to equitable protection. The findings meticulously unpack several key factors contributing to the unequal protection faced by informal workers. These include the intrinsic instability of their income, the limitations of current regulations specifically addressing their legal status, widespread low social security literacy, and significant administrative and bureaucratic obstacles in the participation process. These insights provide a comprehensive diagnosis of the systemic challenges at play. The article makes a substantial contribution by moving beyond problem identification to offer concrete and actionable recommendations. The call for strengthening explicit regulatory frameworks, adjusting contribution payment schemes to be more flexible, enhancing public outreach, and simplifying administrative procedures directly addresses the multifaceted barriers identified. These proposed solutions are crucial for achieving a social security system that truly aligns with Indonesia's constitutional obligations and the broader principles of social justice. This study serves as a valuable resource for policymakers, legal scholars, and advocacy groups committed to ensuring that social security functions as an inclusive and equitable constitutional right for all Indonesian citizens, particularly its most vulnerable informal workforce.

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